Colorado Secretary of State’s Office Sends Notice of Temporary Adoption and Notice of Proposed Rulemaking Regarding Statutory Contribution Limits

Denver, February 15, 2023 - The Secretary of State’s Office issued a notice of temporary adoption of rules taking immediate effect and a notice of proposed rulemaking to consider permanent adoption of those temporary rules to implement Amendments to Rule 10.17 (Contribution Limits) that are necessary to comply with the requirements of Article XXVIII, Section 3(13) of the Colorado Constitution.

The Colorado Constitution requires contribution limits to be adjusted based upon the percentage change over a four-year period in the US Bureau of Labor Statistics Consumer Price Index (CPI) for Denver-Boulder-Greeley. The first adjustment was made in the first quarter of 2007 and then every four years thereafter (2011, 2015, 2019, 2023, etc.). The Secretary of State’s Office calculates the adjustment for each limit and specifies the limits in promulgated rules.

The formula (Colorado Constitution Article XXVIII, section 3(13) and Campaign Finance Rule 10.17.1):

(Current contribution limit) x (Four-year percentage change in CPI) = Amount of increase

Because the law requires that the Department round down to the “nearest lowest twenty-five dollars,” contribution limits are only increased for legislative candidates if the amount of the increase is $25 or more.

A public rulemaking hearing is scheduled for March 21, 2023, at 1 p.m. to receive testimony concerning the preliminary draft of permanent rules. This hearing will be conducted in-person and via webinar. The in-person hearing will take place at the Secretary of State’s Office in the Red Rocks Conference Room. Online registration for the hearing can be found at https://attendee.gotowebinar.com/register/3533361309365366875. Public comment opportunities will be provided to all participants, whether in person or online.

This rulemaking webpage can be found here, and the Notice of Rulemaking can be found here.

The public is also invited to send feedback to the Secretary of State’s Office regarding the rulemaking process. Those interested in participating can review the preliminary draft rules and submit written comments about the proposed permanent rules to SOS.Rulemaking@coloradosos.gov at any time prior to and during the hearing. All written comments will be added to the official rulemaking record.