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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 Monday, December 17, 2001, from 1:00 p.m. to 4:00 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 amendments and addition to the “Rules Governing Elections”, 8 CCR 1505-1.

Subject of the Proposed Rulemaking

1. Rules clarifying the procedures for Referendum Petitions, in accordance with Article V, section 1 (3) of the Colorado Constitution and Article 40 of Title 1, Colorado Revised Statutes; and

2. Rules concerning the implementation of Article XVIII, section 12a of the Colorado Constitution, concerning Congressional Term Limits Declarations.

Authority for Proposed Rulemaking

Amendments and additions to the “Rules Governing Elections” are proposed pursuant to the following statutes:

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 1-40-132 (1), C.R.S., which authorizes the secretary of state “to promulgate rules as may be necessary to administer and enforce statutory provisions that relate to initiated or referred measures and state constitutional amendments.”

Copies of the proposed rules may be obtained on approximately November 15, 2001, from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling 303.894.2680, ext. 320.  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, views and arguments, will be received from all interested parties.  Written submissions must be filed at or before the commencement of the hearing (1:00 p.m., December 17, 2001) in order to be considered.  Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency.