State Senate: Democratic majority
State House: Democratic majority
Governor: Jared Polis (D)
Attorney General: Phil Weiser (D)

Summary:

Colorado has transitioned from a purple to slightly blue state over the past few decades. As of 2024, Colorado’s state government is firmly controlled by Democrats, holding a  which holds a significant majority across both the executive and legislative branches. Democrats hold a strong majority in the state Senate, with 23 seats compared to the Republicans’ 12 and. Democrats also dominate the House, controlling 46 out of the 65 seats. Republicans hold 19 seats. As a result, its state politics have come to resemble those of more traditionally Democratic states.

HB 1306, passed in 2023, allows a state elected official or local elected official to restrict or bar an individual from using the private social media of the elected official for any reason, including for bullying, harassment, or intimidation, at the elected official’s discretion. The state also recently passed a law creating new regulations and penalties for using artificial intelligence (AI) and deepfake-generated content related to communications about candidates for elected office. In 2021, 

Attorney General Phil Weiser joined Attorney General Josh Shapiro of Pennsylvania in a letter urging Congress to explore legislation that would create a comprehensive framework to oversee and regulate the conduct of major social media companies.

Key Policymakers:

• Rep. Leslie Herod [D], Rep. Matt Soper [R]
• Sen. James Coleman [D], and Sen. Bob Gardner [R]

Legislative Activity:

HB 1306 (Signed into Law): Public Use of Elected Officials’ Social Media. This bipartisan bill was introduced by Rep. Leslie Herod [D], Rep. Matt Soper [R], Sen. James Coleman [D], and Sen. Bob Gardner [R] in April 2023 and signed into law by Governor Jared Polis in June 2023. The act allows a state or local elected official to restrict or bar an individual from using the private social media of the elected official. Private social media is defined as social media that is not supported by government resources and is not required by law to be created or maintained by an elected official. An elected official may restrict or bar an individual from using the private social media of the elected official for any reason, including for bullying, harassment, or intimidation, at the elected official’s discretion.

SB 158: Social Media Protect Juveniles Disclosures Reports. Introduced in February 2024 by Sen. Chris Hansen [D], Sen. Dafna Michaelson Jenet [D], Rep. Lisa Frizell [R], and Rep. Meghan Lukens [D], this bill imposes user limits and reporting requirements on social media companies similar to California’s AB 587 law.The bill requires that on or before July 1, 2025, a social media company must post published policies for each of its social media platforms, which include 10 different items, and annually submit to the attorney general a report including 8 items. The bill also requires a social media company to use a commercially reasonable process to verify each user’s and each potential user’s age, retain for at least one year any data and metadata concerning users’ identities and activities on the social media platform; and initially respond to any inquiry from a law enforcement agency within 3 days after receiving the inquiry to confirm receipt and to fulfill the law enforcement request within 30 days after receiving the inquiry. The bill also prohibits a social media company from alerting a user to the fact that a law enforcement agency is investigating their activity. The bill received unanimous support in its various committee votes and passed the Senate but has not progressed since May 2024.

HB 1147: Candidate Election Deepfake Disclosures (Signed into Law). This recent law creates new regulations and penalties for using artificial intelligence (AI) and deepfake-generated content related to communications about candidates for elected office. AI-generated communication without proper disclosure is prohibited. The law outlines allowable uses and disclosure requirements for various news/multimedia outlets. Individuals alleging violations may file a complaint with the Secretary of State’s (SOS) office for review, and violators may be fined civil penalties. Additionally, candidates who are the subject of undisclosed AI-generated communications may file a civil action with the courts for injunctive relief and other damages.  Introduced by Rep. Junie Joseph [D] in Jan. 2024, passed both chambers largely along partisan lines, and was signed into law on May 24, 2024.

Legal Actions:

Letter Urging Congress to Regulate Social Media: On October 7, 2021 Attorneys General Phil Weiser of Colorado and Josh Shapiro of Pennsylvania urged Congress to explore legislation that would create a comprehensive framework to oversee and regulate the conduct of major social media companies. They encouraged Congress to develop a comprehensive and unbiased understanding of the problems and hazards caused by social media platforms, including further research and discussion on how algorithms operate and impact users; create a regulatory framework that addresses risks posed by social media on children, including the oversight of advertising decisions, requirements for appropriate transparency, and effective age verification and parental consent; and, provide a regulatory agency with the necessary authority to take appropriate action to protect consumer privacy, safeguard competition in the online world, and address risks to “children and our democratic institutions, including strengthening tools to limit disinformation and combat online hate speech.”