LPEA clarifies member data privacy during board election season 

La Plata Electric Association (LPEA) is committed to protecting member privacy and ensuring transparency during its annual board of directors election. In response to recent questions regarding how candidates can contact members — particularly via email and text — LPEA is issuing the following clarification. 

Recent concerns 

LPEA has recently been made aware of campaign-related text messages sent on behalf of a candidate. LPEA did not provide phone numbers to any board candidates. 

If you received a text message from a candidate, the text distribution list used did not come from LPEA. Because a list obtained from an outside source was used, this was not a violation of LPEA’s board policies. Members with concerns about unsolicited campaign texts should contact the candidate directly. 

What information is shared with candidates

Under Colorado state law, Colorado Revised Statute § 40-9.5-110(1)(b), each verified candidate is legally entitled to receive a membership list that includes the names and addresses of all members, as recorded in LPEA’s system. Colorado Revised Statute § 7-90-102 (1), which applies to nonprofit corporations and cooperative associations, defines an “address” as “a mailing address, a street address, or an address for delivery of an electronic transmission.” 

Therefore, member email addresses may also be provided when available. Phone numbers arenot included in the list provided to candidates. 

Safeguards to protect member privacy 

LPEA has implemented strict protocols to ensure that any shared information is used responsibly, in accordance with Colorado law, solely for election-related communication and must be returned to the cooperative or destroyed immediately after the election: 

• Candidates must qualify by submitting a valid petition as approved by the Election Supervisory Committee.
• Each candidate is required to sign both a nondisclosure agreement and an affidavit of purpose, limiting the use of the member list to the distribution of campaign or position statementsas required by Colorado Revised Statute § 40-9.5-110 (1)(b), which states, “Candidates shall use such lists only for purposes of the election and shall return or destroy them immediately after the election.” 
• Per Policy 108 (II)(C)(1)(b)(4), candidates are strictly prohibited from using the member information obtained from LPEA in computerized auto dialer systems, defined by the Federal Communications Commission  as an “automated telephone dialing system”  and including robocalls or automated text messages (often referred to as "robotexts").

LPEA and board candidates

LPEA does not endorse candidates, and candidates cannot use cooperative resources. Under Policy 105(II), “The Cooperative’s resources, including its logo, trademarks, and brand elements (e.g., fonts, colors, graphics, etc.), shall not be used to support or oppose any candidate for election. For the purposes of this policy, 'resources' are defined as any assets owned, funded, or maintained by the Cooperative, such as email addresses, electronic devices, printing services, postage, mailing systems, employee time, or any other financial or physical assets of the Cooperative.”

Commitment to transparency and privacy 

LPEA values both the integrity of its election process and the privacy of its member-owners. This communication process is designed to foster fairness and openness while ensuring that contact information is protected and used appropriately. 

For additional questions or concerns regarding campaign communications or member privacy, please contact LPEA at boardcandidate@lpea.coop.