Can Your Political Consultant Work for Your Opponent? This Bill Says No.

What This Bill Actually Does

Every election season, millions of dollars flow through Colorado campaigns, and a massive chunk of that goes to the political strategists running the show. We are talking about the professionals coordinating staff, managing opposition research, and buying broadcast media. But unlike lawyers, real estate agents, or financial advisors, there are currently no statutory ethical walls preventing a campaign consultant from double-dealing. HB26-1137 aims to change that by establishing a legally binding standard for campaign consultants.

Under Section 24-6-602 of the proposed bill, a consultant or consulting firm faces three major prohibitions. First, they cannot knowingly represent an adverse interest without getting written consent from their client after a full disclosure. Second—and this is the big one—they are flat-out banned from providing consulting services to opposing candidates in the same election without written permission from both candidates. Finally, the bill outlaws the weaponization of confidential information. If a strategist learns a candidate’s vulnerabilities while on their payroll, they cannot legally leak or use that intel to provide a material benefit to an opponent later in that same election cycle.

The legislation is careful to target actual strategists, not everyday businesses. Under the definitions in Section 24-6-601, it specifically exempts vendors who just sell tangible goods—like the local print shop making yard signs. It also exempts attorneys, accountants, pollsters, and treasurers, provided they are sticking strictly to those specific roles. If a consultant breaks these new rules, the state government doesn't step in to fine them. Instead, the bill creates a civil cause of action, giving an aggrieved candidate the power to sue the consultant in district court for injunctions, compensatory and punitive damages, and attorney fees.

What It Means for You

If you're an everyday voter, this bill is about trusting the process. When you donate $50 to a local candidate, you want to know that money is paying for a dedicated team, not a consultant who is secretly splitting their time and your candidate's resources with an opponent. But if you are a Coloradan actually stepping into the arena to run for office—whether for school board, city council, or the state legislature—this legislation fundamentally changes how you build your team.

Running for office is already an incredibly vulnerable process. You have to open up about your past, your finances, and your strategy to the people you hire. Right now, a candidate could hire a firm, share their playbook, and then watch that same firm take on a competitor in a crowded primary. This bill gives you a crucial layer of legal protection. It ensures that the strategists you pay to help you win aren't secretly undermining you or hoarding resources for another client without your explicit, written permission.

It also impacts you if you are a grassroots organizer who moonlights in campaign management. If you accept money to organize events, coordinate staff, or develop strategy, you are officially a campaign consultant under this law. You will need to be incredibly careful about who you take on to avoid crossing into an adverse interest scenario.

Here are your specific action items if you are involved in local politics:

• Audit your campaign contracts: Ensure any agreement with a consultant clearly defines what you consider to be "confidential information." The bill relies entirely on your contract's definition.
• Watch the effective date: If passed, these rules apply to campaigns operating on or after January 1, 2027.
• Share your perspective: Contact the House State, Civic, Military, & Veterans Affairs Committee before their first hearing. Let them know if you think these protections are necessary or if they might make it harder to find local help.

What It Means for Your Business

If you own a public affairs agency, a PR firm, or a dedicated political consulting group in Colorado, HB26-1137 requires your immediate attention. Starting January 1, 2027, the era of informal handshake agreements and overlapping client rosters in Colorado politics is over. The bill’s definition of campaign consulting is broad, covering everything from fundraising and media buying to conducting public opinion polling and coordinating staff.

The financial stakes here are high because the enforcement mechanism relies on a civil lawsuit. Under this bill, an aggrieved candidate can sue your firm in district court for both compensatory and punitive damages, plus attorney fees. This means your professional liability insurance premiums could shift, and your internal compliance will need a massive upgrade. If your agency handles multiple candidates—especially in overlapping districts, crowded primaries, or issue campaigns that might be construed as an adverse interest—you will need strict, documented internal firewalls.

Fortunately, there are clear exemptions. If your business solely provides tangible goods (like a mail house or a sign printer) or specialized services like accounting, you are exempt. But if your team offers strategic advice alongside those services, you cross the line into regulated territory.

Here is what your agency needs to do this week to prepare:

• Review your client overlap: Map out any potential client conflicts for the upcoming 2027 election cycle to identify where written consent will be legally required.
• Update your service agreements: Work with your lawyers to draft standardized disclosure and consent forms. Clients must sign these before you accept a potentially conflicting contract.
• Define confidential information: Since the bill states that "confidential information" is defined by the agreement between client and consultant, make sure your contracts explicitly state what is—and isn't—protected from disclosure.

Follow the Money

When it comes to the state budget, this bill is practically invisible. According to the nonpartisan Legislative Council Staff fiscal note released on February 18, 2026, HB26-1137 requires absolutely no state appropriation and creates zero new full-time government positions.

Because the bill relies entirely on private civil lawsuits for enforcement—rather than creating a new state regulatory board or deploying investigators from the Secretary of State’s office—it keeps public costs at bay. The only anticipated financial ripple is a minimal increase in state revenue from court filing fees, assuming a few jilted candidates actually take their consultants to court. Those filing fees are subject to TABOR limits. State trial courts might see a slight bump in their workload to handle these civil dockets, but the fiscal note projects that the number of cases will be small enough that the current judicial budget and staff can easily absorb the impact. In short: it is a private sector regulation enforced by private sector dollars.

Where This Bill Stands

HB26-1137 was introduced in the House on February 4, 2026, by prime sponsors Rep. Brianna Titone, Rep. Lorena García, and Sen. Lisa Cutter. It has been assigned to the House State, Civic, Military, & Veterans Affairs Committee, which is the standard clearinghouse for election-related legislation.

Right now, the bill is waiting to be scheduled for its first committee hearing. Because it does not cost the state money—meaning it will likely bypass the often-fatal Appropriations Committee—and because it tackles a concept that sounds broadly ethical to most voters, it has a solid chance of advancing. However, the political consulting industry is highly influential at the Capitol. You can expect pushback or requests for amendments from major firms who might argue that the term "adverse interest" is too vague and could lead to frivolous lawsuits. If the bill successfully navigates the House and Senate, the new rules will take effect on January 1, 2027, giving the consulting industry an entire year to overhaul their contracts and compliance protocols.