Election Rules

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 and permanent adoption this 11th day of February, 2004, of the amendments of the Secretary of State Election Rules, to be effective February 11, 2004.

Donetta Davidson
Secretary of State 

Statements of Basis, Purpose and Specific Statutory Authority

Amended Rules 2, 5, 8, 10, 12, 13, 14, 21, 25, 26, and New Rules 29-37
Secretary of State Election Rules

Basis and Purpose

These additions and amendments to the rules are based on questions received by the Secretary of State from election officials and interested citizens.

The purpose of the amendments to the Election Rules, and the New Election Rules adopted by the Secretary of State is to bring the rules into conformity with the provisions and requirements of the Help America Vote Act of 2002, as well as changes made by the Colorado General Assembly to the Colorado Revised Statutes.

In addition, elections are at the heart of the democratic form of government, and providing security for them is therefore critical to the proper functioning of a democracy. In view of the current issues involving voter confidence in the security of voting systems and in order to allow the EAC to perform its statutory duties, such rules are necessary to resolve these issues.

Statutory and Constitutional Authority

Additions and amendments to the “Secretary of State Election Rules” are adopted pursuant to the following statutory provisions:

· 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…”

· Section 1-1.5-104(1)(e), C.R.S., which authorizes the Secretary of State to “Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S. as the secretary of state finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article…”

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 #29-37

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.

Since the 2004 Presidential Election cycle has already begun and local, state, and federal candidates have already begun their campaigns, the County Clerk & Recorders are in need of guidance in preparation for the election. In addition, absentee ballot applications may now be submitted to the County Clerk and Recorders, making the provisions of amended Rule 13 especially important. The Secretary of State therefore 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 to prepare for the November 2004 General 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 the Secretary of State Election Rules 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.”