Amended Rules 1-5 and New Rules 8 & 9
Secretary of State Rules Concerning Campaign and Political Finance

Basis and Purpose

This statement pertains to the amendments and new additions to 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.

The amendments and additions to 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.

In addition, the amendments and additions to these rules are mandated by state law as a result of the passage and signing of House Bill 04-1121, which changed current campaign finance law, thus altering the way the law must be interpreted by rule.

The Secretary of State finds that the adoption and enactment of this rule 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 permanent adoption of the new Rule 4.14 is necessary both to comply with law and to preserve the public welfare generally.

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.