Legislative Ethics Complaint Process - 25 of 25
CORRECT ANSWER:
YES, you may request an advisory opinion from either the General Assembly Board of Ethics or the IEC, or both.
You, as a member of the Colorado General Assembly, may request an advisory opinion regarding ethics issues from two different entities, the General Assembly Board of Ethics and the IEC. There is no provision in the Colorado Constitution or the Colorado Revised Statutes that prevents you from submitting a request to both entities. However, a request for an advisory opinion must fall within the jurisdiction of each entity.
Section 24-18-113 (2), C.R.S., provides that you may request an advisory opinion from the General Assembly Board of Ethics concerning issues relating to your conduct. While there are no provisions in title 24, article 18 that specifically address vote-trading (which is prohibited by article V, section 40 of the Colorado Constitution), vote-trading by a legislator would arguably constitute a breach of the public trust in violation of section 24-18-103, C.R.S. Accordingly, an advisory opinion regarding a proposed agreement between legislators to trade votes on introduced bills may be within the jurisdiction of the General Assembly Board of Ethics.
In accordance with section 5 (5) of Amendment 41 and section 24-18.5-101 (4) (b) (I), C.R.S., an advisory opinion on a vote-trading agreement also appears to fall within the jurisdiction of the IEC. This constitutional provision requires the IEC to respond to requests for advisory opinions asking whether the conduct of the requestor would violate Amendment 41 or any other standard of conduct or reporting requirement provided by law. While vote-trading is not addressed by Amendment 41, it is prohibited under another standard of conduct set forth in article V, section 40 of the Colorado Constitution.
The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.