Pursuant to C.R.S. 1-1-107(2)(a) and the rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103, I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary adoption this 20th day of October, 2003, of the following amendment to Rule 12.8 of the Election Rules of the Colorado Secretary of State. Such amendment is effective October 21, 2003.

Rule 12.8 of the Election Rules of the Colorado Secretary of State is amended by the addition of a new subsection as follows:

12.8 Ballots delivered in person.

12.8.1 If political subdivision desires to establish a site for walk-in voting outside of the county, municipality or district, permission must be obtained from the Secretary of State.

12.8.2 ANY ELIGIBLE ELECTOR MAY DELIVER IN PERSON TO THE DESIGNATED OR COORDINATED ELECTION OFFICIAL'S OFFICE NO MORE THAN 5 VOTED MAIL BALLOTS FROM MEMBERS OF HIS OR HER FAMILY OR HOUSEHOLD.

 In accordance with section 24-4-103 (6), attached is a statement of the findings of the Secretary of State justifying the adoption of this amendment on an emergency basis.

William A. Hobbs
Deputy Secretary of State

For

Donetta Davidson
Secretary of State

Statement of Justification and Reasons for the Adoption of Temporary Rules

Amended Rule 12.8
Secretary of State Election Rules
Rules Concerning Mail Ballot Elections
October 20, 2003

Under section 1-1-107 (2) (b), C.R.S., the Secretary of State has the power "To promulgate, publish, and distribute . . . such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws. The amendment to Rule 12.8 is immediately necessary for the uniform and proper administration and enforcement of the election laws of the State of Colorado.

Section 1-7.5-107 (4) (b), C.R.S., of the mail ballot law provides that a voter "may return the marked ballot to the designated election official by United States mail or by depositing the ballot at the office of the official or any place designated by the official". Questions have arisen about whether this statute permits a voter to deliver the ballots of his or her family members when he or she delivers his or her own ballot, as well as whether a voter may designate a non-family member as an "agent" for delivering his or her ballot. This amendment is adopted for the purpose of addressing potentially inconsistent interpretations of the statute and to improve consistency on the conduct of mail ballot elections.

There are nearly 100 entities throughout the state that are currently conducting mail ballot elections, including half of the counties in this state, and many mail ballots have already been sent to registered electors throughout the state. Thus, there is an urgent and immediate need to address how these ballots may be returned by voters. Without the adoption of this amendment, there would be a cloud of uncertainty over the validity of some voted ballots that were delivered by persons other than the voter.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the immediate adoption of the temporary amendment to Rule 12 is necessary both to comply with law and to preserve the public welfare generally.

Therefore, in accordance with Section 24-4-103 (6), C.R.S., the Secretary of State finds that adoption of the amendment to Rule 12.8 is "imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest".