Pursuant to C.R.S. 1-1-107(2)(a) and the rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103, I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary and permanent adoption this 24th day of June, 2003, of the amendments of the Secretary of State Rules Concerning Fair Campaign Practices Act, to be effective June 24, 2003.

signed
Bill Hobbs
Deputy Secretary of State

for
Donetta Davidson
Secretary of State

Statements of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Amended Rules 21-27
Secretary of State Rules Concerning Campaign and Political Finance and Fair Campaign Practices Act

Basis and Purpose

These additions and amendments to the rules are based on recommendations received from election officials, interested citizens, and the Attorney General's opinion offered to the Secretary of State.

The purpose of the amendments to Rules 21-27 of the Secretary of State Rules Concerning Campaign and Political Finance and fair Campaign Practices Act is to bring the rules into conformity with the provisions and requirements of Article XXVIII of the Colorado State Constitution, HB 03-1132, signed into law by the Governor on June 3, 2003, and Article 45 of Title 1 of the Colorado Revised Statutes.

Statutory Authority

Additions and amendments to the "Secretary of State Rules Concerning Campaign and Political Finance and the Fair Campaign Practices Act" are adopted pursuant to the following statutes:

• Section 1-1-107(2)(a), C.R.S., 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 1-45-111.5, C.R.S., which authorizes the Secretary of State to "promulgate such rules…as may be necessary to enforce and administer any provision of" Article 45 of Title 1 of the Colorado Revised Statutes.
• Article XXVIII, Section 9(1)(b), Colorado State 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 State Constitution.

Additional rulemaking authority given to the Secretary of State can be found in the following statutory and Constitutional provisions:

• C.R.S. 1-45-108(2)(c)
• C.R.S. 1-45-109(5)(b)
• C.R.S. 1-45-109(6)(a)
• C.R.S. 1-45-109(7)(b)
• C.R.S. 1-45-109(8)(b)(III)
• C.R.S. 1-45-117(3)