Secretary of State’s Office Adopts New Rules Regarding Election Rules, Statutory Contribution Limits

Denver, March 31, 2023 - The Secretary of State’s Office has adopted new rules following two rulemaking processes regarding implementation of House Bill 21-1071 (Ranked Choice Voting In Nonpartisan Elections) and inflation adjustment requirements of Article XXVIII, Section 3(13) of the Colorado Constitution for campaign contribution limits.

Election Rules Rulemaking

A public rulemaking hearing was held on March 7, 2023 at 1 p.m. to receive testimony concerning the preliminary draft of amendments to the Election Rules to implement House Bill 21-1071 (Ranked Choice Voting In Nonpartisan Elections).

The permanently adopted rules are intended to ensure uniform and proper administration, implementation, and enforcement of Federal and Colorado election laws; improve elections administration in Colorado; increase the transparency and security of the election process; and implement amendments required by House Bill 21-1071 concerning the tabulation, reporting, and canvassing of results for a coordinated election using instant runoff voting conducted by a single county.

Notice of Adoption (PDF). Rulemaking webpage. Notice of Rulemaking (PDF).

Statutory Contribution Limits Rulemaking

A public rulemaking hearing was held on March 21, 2023 at 1 p.m. to receive testimony concerning the preliminary draft of amendments to Campaign and Political Finance Rule 10.17 (Contribution Limits) that are necessary to comply with the requirements of Article XXVIII, Section 3(13) of the Colorado Constitution.

The permanently adopted rules adjust contribution limits 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, as required by the Colorado Constitution. 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

The adopted changes to statutory contribution limits include:

• $725 from any person to any one Governor candidate committee for the primary election, and Governor and Lieutenant Governor candidate committee, as joint candidates under section 1-1-104, C.R.S., or any successor section, for the general election; as well as to Secretary of State, State Treasurer, or Attorney General candidate committees.
• $225 from any person to any one State Senate, State House of Representatives, State Board of Education, Regent of the University of Colorado, or any District Attorney candidate committee.
• $7,825 from a small donor committee to any one Governor candidate committee for the primary election, and Governor and Lieutenant Governor candidate committee, as joint candidates under section 1-1-104, C.R.S., or any successor section, for the general election; as well as to Secretary of State, State Treasurer, or Attorney General candidate committees.
• $3,100 from a small donor committee to any one State Senate, State House of Representatives, State Board of Education, Regent of the University of Colorado, or any District Attorney candidate committee.
• $4,675 from any person to a political party per year at the state, county, district, and local level combined, including no more than $3,875 at the state level.
• $23,600 from any small donor committee to a political party per year at the state, county, district, and local level combined, including no more than $19,650 at the state level.
• A $725 aggregate limit on pro-rata contributions or dues made to political committees.
• A $1,425 aggregate limit on contributions to a county candidate for a primary or a general election from any person other than a small donor committee or a political party.
• A $14,400 aggregate limit on contributions to a county candidate for a primary or a general election from any small donor committee.
• A $25,475 aggregate limit on contributions to a county candidate for a primary or a general election from a political party.

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.

Notice of Adoption (PDF). Rulemaking webpage. Notice of Rulemaking (PDF).

These rules will become permanently effective twenty days after publication in the Colorado Register.

Please contact SoS.Rulemaking@coloradosos.gov if you have any questions relating to the rulemaking.