Mike Coffman
Secretary of State

Holly Z. Lowder
Director, Elections Division

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

NOTICE OF PROPOSED RULEMAKING

Office of the Secretary of State
Campaign and Political Finance Rules
8 CCR 1505-6

May 29, 2008

Pursuant to the requirements of section 24-4-103(3)(a), C.R.S. (2007), notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on July 1, 2008 from 2:00 p.m. to 5:00 p.m. in the Blue Spruce Conference Room on the second floor of the Office of the Secretary of State at 1700 Broadway, Denver, Colorado, 80290.  All interested persons will be afforded an opportunity to be heard on the subject of revisions and amendments to the Secretary of State’s “Rules Concerning Campaign and Political Finance,” 8 C.C.R. 1505-6.

Subject of the Proposed Rulemaking

Amendments and revisions to the Colorado Secretary of State’s “Rules Concerning Campaign and Political Finance” as may be necessary or appropriate to administer the provisions of Article XXVIII of the Colorado Constitution and Article 45 of Title 1, Colorado Revised Statutes.  The revisions and amendments to be considered include: violations and complaints concerning political organizations and disclosure of contributions by Limited Liability Companies (LLCs). The Secretary of State shall also consider such other rule amendments as may be necessary to answer questions arising under Article XXVIII of the Colorado Constitution and Article 45 of Title 1 of the Colorado Revised Statutes, and rules necessary to implement amendments to the campaign and political finance laws made during the 2008 regular session of the 66th General Assembly.

Authority for Proposed Rulemaking

Additions and amendments to the Secretary of State’s “Rules Concerning Campaign and Political Finance” [8 CCR 1505-6] are proposed pursuant to the following statutes and constitutional provisions: 

1. Article XXVIII, Section 9(1)(b), Colorado Constitution, which authorizes the Secretary of State to “[p]romulgate 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].”

2. Section 1-1-107(2)(a), C.R.S., (2007), which authorizes the Secretary of State “[t]o promulgate, publish and distribute…such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws.”

3. Section 1-45-111.5(1), C.R.S., (2007), which authorizes the Secretary of State to “promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any provision of [article 45 of title 1 of the Colorado Revised Statutes].”

Copies of the initial draft of the proposed rules may be obtained from the office of the Secretary of State at 1700 Broadway, Suite 270, Denver, Colorado, 80290, or by calling (303) 894-2200, ext. 6329.  An initial copy will be provided free of charge.  The proposed rules are also posted on the Secretary of State website at www.sos.state.co.us.  A final copy of the proposed rules for consideration at the rulemaking hearing will be posted on the Secretary of State website and made available to the public no later than June 26, 2008 in accordance with section 24-4-103(4)(a), C.R.S., (2007), which states that “[a]ny proposed rule or revised proposed rule by an agency which is to be considered at the public hearing . . . shall be made available to any person at least five days prior to said hearing.”

The rulemaking hearing on July 1, 2008 will be held in accordance with section 24-4-103, C.R.S., (2007).  Written and oral data, comments, and arguments will be received from all interested parties.  Written submissions must be filed at or before the commencement of the hearing on July 1, 2008 at 2:00 p.m. in order to be considered.  Oral testimony may be limited in order to allow the proceedings to go forward with reasonable promptness and efficiency.  The hearing will be audio recorded and broadcast over the Internet.  The broadcast may be accessed through the Secretary of State website at www.sos.state.co.us on the “Information Center” page under “Broadcast and Recorded Meetings.”  For additional information, please contact Andrea Gyger, Elections Division at andrea.gyger@sos.state.co.us or at (303) 894-2200, extension 6329. 

Dated this 29th Day of May, 2008.

								

William A. Hobbs
Deputy Secretary of State

For

Mike Coffman
Colorado Secretary of State

Mike Coffman
Secretary of State

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

Holly Z. Lowder
Director, Elections Division

Statement of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Campaign and Political Finance Rules
8 CCR 1505-6

May 29, 2008

1.	Basis and Purpose

This statement pertains to the amendments and revisions to the Colorado Secretary of State Rules Concerning Campaign and Political Finance for the administration of Colorado State Constitution Article XXVIII
, and Article 45, Title 1 of the Colorado Revised Statutes.  The amendments are implemented to achieve the uniform and proper administration and enforcement of the election laws of the State of Colorado.

The amendments and revisions to these rules are necessary for the administration and enforcement of Article XXVIII of the Colorado Constitution and Article 45, Title 1 of the Colorado Revised Statutes.  The Secretary of State finds that the adoption and enactment of these amendments is necessary to answer questions arising under Article XXVIII of the Colorado Constitution and Article 45 of Title 1 of the Colorado Revised Statutes, and to implement amendments to the campaign and political finance laws made during the 2008 regular session of the 66th General Assembly.

The adoption of specific amendments to the Campaign and Political Finance Rules is necessary as follows:

•	The amendments to rule 4 implement amendments made by House Bill 08-1233 concerning disclosure of contributions by Limited Liability Companies (LLCs).

•	The repeal of rule 6.4 is necessary to implement amendments made by House Bill 08-1041 concerning the enforcement of legal requirements pertaining to campaign finance.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the permanent adoption of the amendments and revisions to the Campaign and Political Finance Rules is necessary both to comply with law and to preserve the public welfare generally.

2. 	Statutory Authority

Amendments and revisions to the “Secretary of State Rules Concerning Campaign and Political Finance” are adopted pursuant to the following statutory and constitutional provisions:

1.	Article XXVIII, Section 9(1)(b) of the 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 XVIII of the Colorado State Constitution].”

2.	Section 1-1-107(2)(a), C.R.S., (2007), 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.”  

3.	Section 1-45-111.5(1), C.R.S., (2007), which authorizes the Secretary of State to:
“[P]romulgate such rules in accordance with article 4 of title 24, C.R.S., as may be necessary to enforce and administer any provision of [article 45 of title 1, C.R.S.].”