COLORADO SECRETARY OF STATE
[8 CCR 1505-6]
RULES CONCERNING CAMPAIGN AND POLITICAL FINANCE

As amended February 19, 2010 - Clean

Rule 4.2 would be repealed as follows:
4.2	Repealed.
Rule 4.3 would be amended as follows:
4.3	Contributions – when counted.
a.	A contribution is considered made or received as of the date that it is accepted by the committee or party.  In the case of a contribution by check or credit card, the date accepted is the date that the contribution is deposited by the committee into its account.  Any contribution in the form of a check received by a committee or 527 political organization at least five business days prior to the end of a reporting period must be deposited or returned to the contributor by the close of that reporting period.
b.	However, for purposes of section 1-45-105.5, C.R.S., concerning contributions by lobbyists to certain state officers and candidates when legislation is under consideration, a contribution is considered made or promised when possession of the check is transferred to any person not under the control of the issuer.
New Rule 4.25 would be adopted as follows:
4.25	Reimbursement of expenditures – payments by credit card or payment intermediary service.
a.	When reporting a reimbursement to a candidate or to any other person, the committee or party shall separately disclose each such expenditure of $20 or more, including the purpose, payee, and amount of each expenditure as of the date of the expenditure, regardless of the date of reimbursement.
b.	For the purpose of reporting an expenditure, simply disclosing that a payment was made to a credit card company or a payment intermediary service such as PayPal is not adequate.  All expenditures $20 or more made by credit card or payment intermediary service must be itemized, including the name and address of the payee, amount, original date of expenditure, and purpose of the expenditure.
c.	Nothing in this Rule shall be construed to permit contributions or reimbursements of contributions prohibited by article XXVIII, section 3(11). 
[Section 1-45-108(1)(e), C.R.S.]
Rule 5.5 would be repealed as follows:
5.5	Repealed.
Rule 5.6 would be amended as follows:
5.6	Reports filed electronically.
	a. 	For the purpose of section 1-45-109(2)(a), C.R.S., “close of business” for electronic filing shall mean 11:59 p.m.
b. 	If the electronic filing system is unavailable for filing for a total of more than one hour after 4:00 p.m. on the due date for filing a report, the Secretary of State may extend the due date for an additional day for electronically filed reports.  [Sections 1-45-108(2.3), 1-45-109(6), C.R.S.]
Rule 5.10 would be amended as follows:
5.10	Reports for former officeholders or persons not elected to office
	a.	For purposes of section 1-45-108(2)(d), C.R.S., which exempts a candidate committee for a former officeholder or person not elected to office from reporting if there is no change in the balance of funds maintained by such committee and if certain other conditions are met, a change in the balance of funds resulting solely from the accrual of interest or dividends to the account and/or the automatic deduction of periodic service fees does not subject such candidate committee to the reporting requirements of section 1-45-108, C.R.S., except that such candidate committee shall file an annual report for each calendar year.  Candidate committees that choose this option must notify, in writing, the appropriate filing officer of their intent. [Sections 1-45-108(2)(c) and (2)(d), C.R.S.]
		i.	State candidate committees shall file such report not later than January 15th of the following year.
		ii.	All other candidate committees shall file such report on the first day of the month in which the anniversary of the major election occurs, in accordance with section 1-45-108(2)(a)(II), C.R.S.
	b.	The reporting exemption set forth in section 1-45-108(2)(d), C.R.S., applies only to reports for which the entire reporting period occurs after the election in which the candidate’s name appeared on the ballot.
Rule 10.1 would be amended as follows:
10.1	The election cycle for a recall election shall be from the date the recall petition is approved for circulation by the designated election official through 30 days following the date of the recall election.  In the event that no recall election is held because the petition is determined to be insufficient, the recall election cycle ends 30 days after the final determination of insufficiency, including passage of the time for protest and final disposition of any protest or appeal of such determination.  In the event that no recall election is held for any other reason, the recall election cycle ends 30 days after the deadline for filing the recall election petition.
Rule 10.5 would be repealed as follows:
10.5	Repealed.
Rule 11.4 would be repealed as follows:
11.4	Repealed.
Rule 14.2 would be amended as follows:
14.2	For the purposes of section 5, Article XXVIII, a candidate committee, political committee, small donor committee, political party, or 527 political organization that is registered with the Secretary of State that obligates funds exceeding $1,000 for any single independent expenditure more than 30 days prior to a primary or general election shall notify the Secretary of State by disclosing such expenditure on the committee’s or organization’s regularly scheduled disclosure report for that reporting period.