Gigi Dennis
Secretary of State

STATE OF COLORADO
Department of State
1700 Broadway
Suite 250
Denver, CO  80290

J. Wayne Munster
Acting Director, Elections Division

Office of the Secretary of State
Amended Rules 1, 2, 4, 5, 6, and 8 and Re-adoption of Expired Rule 10
 Secretary of State Rules Concerning Campaign and Political Finance
Statement of Basis, Purpose and Specific 
Statutory Authority

April 21, 2006
1.	Basis and Purpose
This statement pertains to the amendments and 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 proper implementation and administration of the constitutional and statutory provisions governing campaign and political finance.  The proposed changes address questions that have arisen and make technical corrections and clarifications.  The purpose of new Rule 10, concerning recall elections, is to make permanent an expired emergency rule.
The Secretary of State finds that the adoption and enactment of these amendments is necessary because the 2006 General Election cycle is well underway, and candidates, parties, and committees are in immediate need of guidance concerning their obligations under the campaign and political finance laws.
The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the constitutional and statutory provisions governing campaign and political finance, the adoption of the amendments to these rules is necessary both to comply with law and to preserve the public welfare generally.

2. 	Constitutional and Statutory Authority
Amendments to the “Secretary of State Rules Concerning Campaign and Political Finance” are adopted pursuant to the following statutes:
•	Article XXVIII, Section 9(1)(b), Colorado 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 Constitution.
•	Section 1-1-107(2)(a), C.R.S. (2005), 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(1)(a.5), C.R.S. (2005), which authorizes the Secretary of State to “promulgate such rules…as may be necessary to administer and enforce any provision of” Article 45 of Title 1 of the Colorado Revised Statutes.