Holly Z. Lowder
Director, Elections Division

Mike Coffman
Secretary of State

 STATE OF COLORADO
 Department of State
 1700 Broadway
 Suite 250
 Denver, CO  80290

NOTICE OF ADOPTION
May 30, 2007

Pursuant to sections 1-1-107(2)(a) and 1-1.5-104(1)(e), C.R.S. (2006) and the rulemaking provisions of the State Administrative Procedure Act, section 24-4-103 C.R.S. (2006), I, Mike Coffman, Colorado Secretary of State, do hereby adopt and give NOTICE of the permanent rule adoption this 30th day of May, 2007, of the amendments to the attached Secretary of State Election Rules (8 CCR 1505-1).  

The permanent adoption of these rules shall take effect twenty (20) days after publication in the Colorado Register in accordance with the State Administrative Procedure Act.

  	Dated this 30th Day of May, 2007.

	/s/ William A. Hobbs		
	William A. Hobbs
	Deputy Secretary of State

	For

	Mike Coffman
	Colorado Secretary of State

Mike Coffman
Secretary of State

 STATE OF COLORADO
 Department of State
 1700 Broadway
 Suite 250
 Denver, CO  80290

Holly Z. Lowder
Director, Elections Division

Statements of Basis, Purpose and Specific Statutory Authority 

Office of the Secretary of State
Election Rules

1.	Basis and Purpose

This statement pertains to the amendments and revisions to the Colorado Secretary of State Election Rules for the administration of Colorado State Constitution Article VII, and Title 1 of the Colorado Revised Statutes.  The amendments are implemented to achieve the uniform and proper administration and enforcement of the election laws of the State of Colorado, including the requirements of the federal Help America Vote Act of 2002 (“HAVA”), P.L. No. 107-252. See sections 1-1.5-101 et seq., C.R.S. (2006).

The amendments to these rules are necessary for the implementation of Article VII of the Colorado Constitution and Title 1 of the Colorado Revised Statutes.  Such amendments and revisions to the Election Rules are necessary to improve the administration of elections in Colorado and answer questions arising under Title 1 of the Colorado Revised Statutes.  The adoption of the amendments and revisions to the Rules is further necessary to increase the transparency and security of the election process.  

The adoption of specific amendments to the Election Rules is necessary as follows:

•	The adoption of Rule 2.9 is necessary to clarify what may constitute a residence for homeless voters for the purpose of voter registration.  The will clarify that homeless voters may use a non-traditional residence to register to vote so long as their precinct can be established by physical presence.  

•	The adoption of the amendments to Rule 10.4 is necessary to provide uniform, reasonable deadlines to all candidates for statewide office for the submission of required information to the Secretary of State.  Such amendments are further necessary to ensure that the counties and their vendors have sufficient time to program the audio ballot required by section 1-5-704, C.R.S.

•	The adoption of the amendments to Rule 11 is necessary to make numbering corrections and to clarify the devices selected for post election audit in accordance with section 1-7-514, C.R.S.  Such rules are necessary to ensure that the devices used in the election are those audited following the election.  

•	The adoption of the amendments to Rule 12 is necessary to make technical corrections and implement the requirement under HAVA and Colorado law, in accordance with a federal Election Assistance Commission opinion, that accessible walk-in polling places and equipment be available in every election coordinated by the county clerk and recorder.  Such amendments are necessary to ensure that all Colorado voters are afforded the same opportunity to vote in a private and independent manner in accordance with HAVA.

•	The amendments to Rule 14 are necessary to establish uniform recount and pre-recount testing procedures for Direct Record Electronic voting systems.  The Secretary of State is required under section 1-10.5-102, C.R.S., to establish uniform recount and pre-recount testing procedures for voting systems.  

•	The adoption of amendments to Rule 32 is necessary to clarify the method of calculating the required number of signatures for a school board director recall petition.  The proposed amendments to this rule are necessary to ensure that the number of signatures required for a petition to recall a school board director does not exceed the number of votes cast to elect the director.

•	The amendments to Rule 43 are necessary to implement uniform county security procedures.  The Secretary of State is required to establish such minimum security standards under section 1-5-616, C.R.S.  In developing the proposed amendments to this rule, several national reports were reviewed to ensure that identified security vulnerabilities were addressed.  The amendments to Rule 43 are necessary to mitigate known security risks and establish consistent statewide standards for ensuring the integrity and transparency of elections in Colorado.    

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the permanent adoption of the amendments to the Rules is necessary both to comply with law and to preserve the public welfare generally.

2. 	Statutory Authority

Amendments to the Colorado Secretary of State Election Rules are adopted pursuant to the following statutory provisions:

1. Section 1-1-107(2)(a), C.R.S. (2006), which authorizes the Secretary of State: 
“[t]o 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 1-1.5-104(1), C.R.S. (2006), which provides that:
“The secretary may exercise such powers and perform such duties as reasonably necessary to ensure that the state is compliant with all requirements imposed upon it pursuant to HAVA . . . including, without limitation, the power and duty to: 
(e) Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S., as the secretary  finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article.”  

	3. Section 1-5-616(1)(g), C.R.S. (2006), which provides that:  
“The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., that establish minimum standards for electronic and electromechanical voting systems regarding: 
(g)  Security requirements.”

	4. Section 1-7-514(5), C.R.S. (2006), which provides that:
“The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting any audit required by this section.”  

	5. Section 1-10.5-102, C.R.S. (2006), which provides that:
“The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting the test of voting devices for the recount required by paragraph (a) of this subsection (3).”