Legal Filings

Legal Filings

Ethics Watch Comments on Secretary of State’s Proposed Rules Revision

Today, Colorado Ethics Watch submitted specific and detailed comments on Secretary of State Scott Gessler’s proposed revisions to Colorado’s campaign finance rules.  Director Luis Toro also appeared at a hearing today to provide perspective on the impact these dramatic changes could have on transparency in elections in the future.

Ethics Watch urged the Secretary to withdraw the proposed rules because many of the changes would contradict the Fair Campaign Practices Act and the Colorado Constitution. Ethics Watch specifically criticized proposals to limit electioneering communication reporting requirements, to effectively repeal Colorado’s 527 reporting statute by defining the definition of a 527 subject to reporting so narrowly that the only groups that would qualify would already be registered as political committees, to allow county political parties in Denver and Pitkin Counties to raise unlimited amounts of money without disclosure, to allow corporations or other groups to spend up to 30% of their total spending in a year on ballot issues, and up to 50% of their total spending on candidate elections, without disclosure, and to cap penalties for violations.

In addition, Luis Toro offered the following statement:

“This is just another example of the Secretary overreaching his authority, and comes on the heels of two other opinions that support the view that when the Secretary proposes changes to campaign finance policy, he reaches into legislative territory,” said Luis Toro, director of Colorado Ethics Watch.  “Some of the proposed rules will create significant loopholes, allowing big money to influence elections without any transparency or accountability.  The courts and the legislature have already told Secretary Gessler that he is overstepping his authority in changing campaign finance rules. These issues should be debated in the legislature, not through rulemaking and litigation.”