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Notice of Proposed Rulemaking

Pursuant to the requirements of section 24-4-103, C.R.S., notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on September 30, 2004 at 2:00 p.m. in the Secretary of State large conference room, Suite 200, 1560 Broadway, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of additions to the “Rules Concerning Campaign and Political Finance”, Article XXVIII, Colorado State Constitution, C.R.S. Article 45, Title 1.

Subject of the Proposed Rulemaking

A revision of the Secretary of State Rules concerning the Fair Campaign Practices Act including, but not limited to, changes necessary in response to the United States Supreme Court ruling in the case of McConnell v. Federal Election Commission; and potential changes to Article 45 of Title 1 of the Colorado Revised Statutes made during the 2004 regular session of the 64th General Assembly.

Authority for Proposed Rulemaking

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

1. 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…”

2. Section 1-45-111(1)(a.5), C.R.S., 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.

3. 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.

Copies of the proposed rules may be obtained on September 20, 2004, from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling 303.894.2200, ext. 6301. An initial copy will be given free of charge. The proposed rules also will be published on the Secretary of State’s Internet web site at www.sos.state.co.us.

The hearing will be held in accordance with section 24-4-103, C.R.S. Written and oral data, view and arguments, will be received from all interested parties. Written submissions must be filed at or before the commencement of the hearing (September 30, 2004) in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency. For more information, please contact Bill Compton, Elections Division, 303.894.2200, ext. 6301.