Office of the Secretary of State

Amended Rules 2, 5, 6, 8, 9, 11, 12, 13, 14, 21, 23, 25, 26, 27, 29, 30, 31, 37, 38 and 39

Secretary of State Rules Concerning Elections

Basis and Purpose

This statement pertains to the amendments to the Secretary of State Rules Concerning Elections for the administration of Colorado State Constitution Article VII, and Article 1, Title 1 of the Colorado Revised Statutes. The amendments are implemented to achieve the uniform and proper administration and enforcement of the election laws of the State of Colorado, specifically, with regard to the requirements of the Help America Vote Act, Section 1-1.5-101 C.R.S. (2004) et seq.

The amendments to these rules are necessary for the implementation of Article VII of the Colorado Constitution and Article 1, Title 1 of the Colorado Revised Statutes. The Secretary of State finds that the adoption and enactment of these amendments is necessary in order to clarify the meaning of the existing Election Rules, to correct internal references, and to address issues raised by the Office of Legislative Legal Services in its review of the Election Rules.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the permanent adoption of the amendments to these rules is necessary both to comply with law and to preserve the public welfare generally.

Statutory Authority

Amendments to the “Secretary of State Rules Concerning Elections” are adopted pursuant to the following statutory and constitutional provisions:

Section 1-1-107(2)(a), C.R.S. (2004), 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) provides that “[t]he secretary may exercise such powers and perform such duties as reasonably necessary to ensure that the state is compliant with all requirements imposed upon it pursuant to HAVA to be eligible on a timely basis for all federal funds made available to the state under HAVA.