Statement of Justification and Reasons for Adoption of Temporary Rules

Office of the Secretary of State
Election Rules
8 CCR 1505-1

August 23, 2013

Repealed Rules: 32.7.4(d)(2) and (3), new Rule 32.7.4(f)

In accordance with Colorado election law, the Secretary of State finds that certain amendments to the existing election rules must be adopted and effective immediately to ensure the uniform and proper administration and enforcement of Colorado election laws during the September 10, 2013, recall elections in Senate Districts 3 and 11. Temporary adoption is necessary both to comply with law and to preserve the public welfare generally. 

On August 16, 2013, the Secretary of State issued a notice of temporary adoption of Rule 37.2.  It requires the September 10, 2013, recall election in Senate Districts 3 and 11 to be conducted as polling place rather than mail ballot elections.  Among other things:
•	Rule 32.7.4(d)(2) authorizes electors who cannot vote in person because they are absent from their county of residence to apply for emergency mail ballots under section 1-7.5-115, C.R.S., and Rule 42;  
•	Existing Rule 42 authorizes emergency mail ballot applicants to receive and return their ballots by electronic transfer;
•	Rule 32.7.4(d)(3) states that the reason an elector requests an emergency mail ballot is not subject to challenge.
Upon consideration of input by members of the public during and after the public hearing on August 16, 2013, the Secretary of State has determined that Rule 37.2.4 should be amended in the following respects:
•	The emergency mail ballot procedures of existing law will be applied according to the provisions of section 1-7.5-115, C.R.S., and Rule 42;
•	Rule 32.7.4(d)(2) is repealed.  Electors who cannot vote in person because they are absent from their county of residence during the period of time in which Voter Service and Polling Centers  are open cannot apply for an emergency mail ballot unless they otherwise satisfy the qualifications under existing law;
•	New subsection 32.7.4(f) is added, authorizing electors who cannot vote in person because they are absent from their county of residence during the period of time in which Voter Service and Polling Centers  are open to apply for an excuse absentee ballot, subject to the following requirements:  
o	An application for an excuse absentee ballot must be on a form approved by the Secretary of State, and may be submitted to the county clerk in person, by U.S. mail, or by email or fax;
o	The deadline to apply for a special absentee ballot is:
•	5:00 p.m. on Tuesday, September 3, 2013, if the special absentee ballot is sent by U.S. mail;
•	5:00 p.m. on Election Day, if the special absentee ballot is sent by email or fax.
o	Absentee ballots and the voter affidavit, must be returned by U.S. mail;
o	To be counted, the ballot must be postmarked on or before 7:00pm on Election Day, and received by county clerk and recorder by close of business on the eighth day after Election Day.
•	Rule 32.7.4(d)(3) is repealed.  Challenges to all ballots cast by mail, including emergency mail ballots and excuse absentee ballots, must be asserted and resolved as provided by existing law under part 2 of article 9 of Title 1. 

For these reasons, and in accordance with the State Administrative Procedure Act, the Secretary of State finds that adoption and immediate effect of the amendments to existing election rules is imperatively necessary to comply with state and federal law and to promote public interests.