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 22nd day of October, 2003, of the amendments of the Secretary of State Election Rules, to be effective October 22, 2003.

by Donetta Davidson
Secretary of State

Statement of Justification and Reasons for the Adoption of Temporary Rules

Amended Rules #2, 5, 8, 10, 12, 13, 14, 21, 25, 26
And
New Rules #29-36
Secretary of State Election Rules

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 proposed new Election Rules and the amendments to the existing election rules are immediately necessary for the uniform and proper administration and enforcement of the election laws of the State of Colorado.

These rules are mandated by, and are necessary for the implementation of, various suggestions made by County Clerk and Recorders throughout the State of Colorado and the new requirements of the Help America Vote Act of 2002.

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, the Secretary of State finds that there is a need for the amendments to the Secretary of State Election Rules to be adopted immediately on an emergency basis.

Recent changes to the state election law regarding voter registration; the conduct of elections by designated election officials; voting by mail ballot, absentee ballot, and provisional ballot; voter identification; Administrative Complaint Procedures; recall elections; and voting accessibility warrant the immediate promulgation of these rules in order to provide clarification and unwavering guidance to the designated election officials of the State of Colorado in time for the November 2003 Coordinated Election.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the adoption of the temporary amendments 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 new rules and amendments to the election rules 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."