Secretary of State Rules Concerning Campaign and Political Finance

Pursuant to Article XXVIII, Section 9(1)(a) of the Colorado State Constitution, Colorado Revised Statute 1-45-111.5(1), and the rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103, I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary and permanent adoption this 6th day of January, 2004, of the amendments of the Secretary of State Rules Campaign and Political Finance (8 CCR 1505-6), to be effective January 6, 2004.

William A. Hobbs
Deputy Secretary of State

for Donetta Davidson
Secretary of State

Statement of Justification and Reasons for the Adoption of Temporary Rules

Amended Rules 21-27 (Re-numbered as Rules 1-7)
Secretary of State Rules Concerning Campaign and Political Finance

This statement pertains to the revisions of Rules 21 through 27, now re-numbered as Rules 1-7, of the Secretary of State Rules Concerning Campaign and Political Finance for the administration of Constitutional Amendment 27, which enacted Article XXVIII of the Colorado State Constitution, and Article 45, Title 1 of the Colorado Revised Statutes, and for the uniform and proper administration and enforcement of the election laws of the State of Colorado.

These rules are mandated by, and are necessary for the implementation of, the above Constitutional Amendment, passed by a vote of the people of the State of Colorado in the General Election held on November 5, 2002. The Constitutional Amendment 27, which enacted Article XXVIII of the Constitution of the State of Colorado, went into effect on December 6, 2002. These rules are also mandated by House Bill 03-1132, passed by the Colorado General Assembly on May 7, 2003 and signed into law by the Governor on June 3, 2003.

The adopted rules concern the application of Article XXVIII of the Colorado State Constitution and Article 45 of the Colorado Revised Statutes, and are a complete revision of the Secretary of State Rules Concerning Campaign and Political Finance. The revisions to these rules address important questions about the interpretation and implementation of Amendment 27. The Secretary of State finds that the immediate adoption and enactment of these temporary rules is necessary because the 2004 General Election cycle is well underway, and candidates, parties, and committees are in immediate need of guidance concerning their obligations under Amendment 27.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws and this Constitutional Provision, the temporary adoption of the amendments to Rules 1 through 7 is necessary both to comply with law and to preserve the public welfare generally.

Statements of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Amended Rules 21-27 (Re-numbered as rules 1-7)

Secretary of State Rules Concerning Campaign and Political Finance

Basis and Purpose

These additions and amendments to the rules are based on questions received by the Secretary of State from election officials and interested citizens.

The purpose of the amendments to Rules 21-27, (now re-numbered as rules 1-7), of the Secretary of State Rules Concerning Campaign and Political Finance is to bring the rules into conformity with the provisions and requirements of Article XXVIII of the Colorado State Constitution, HB 03-1132, signed into law by the Governor on June 3, 2003, and Article 45 of Title 1 of the Colorado Revised Statutes.

Statutory and Constitutional Authority

Additions and amendments to the "Secretary of State Rules Concerning Campaign and Political Finance" are adopted pursuant to the following statutory and constitutional provisions:

· Section 1-1-107(2)(a), C.R.S., which authorizes the Secretary of State "to promulgate, publish, and distribute…such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws…"

· Section 1-45-111.5(1), C.R.S., which authorizes the Secretary of State to "promulgate such rules…as may be necessary to enforce and administer any provision of" Article 45 of Title 1 of the Colorado Revised Statutes.

· Article XXVIII, Section 9(1)(b), Colorado State Constitution, which authorizes the Secretary of State to "promulgate such rules, in accordance with article 4 of title 24, C.R.S., or any successor section, as may be necessary to administer and enforce any provision of" Article XXVIII of the Colorado State Constitution.

Additional rulemaking authority given to the Secretary of State can be found in the following statutory provisions:

• C.R.S. 1-45-108(2)(c)
• C.R.S. 1-45-109(5)(b)
• C.R.S. 1-45-109(6)(a)
• C.R.S. 1-45-109(7)(b)
• C.R.S. 1-45-109(8)(b)(III)
• C.R.S. 1-45-117(3)