The Colorado Supreme Court issued its decision today in Gessler v. Colorado Common Cause, upholding a lower court’s decision ruling Secretary of State Scott Gessler did not have the authority to raise campaign finance limits for political issue committees. In 2002, voters passed a constitutional amendment creating a $200 contribution and expenditure threshold for issue committee status. The provision required both retrospective and prospective contribution and expenditure reporting once issue committee status was achieved.

Gessler later promulgated Secretary of State Rule 4.1 to increase the threshold to $5,000 and eliminate retrospective reporting requirements. Because the secretary of state does not have the authority to promulgate rules in conflict with other provisions of law, the Court affirmed the appeals court judgment and set aside Rule 4.1.