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 adoption this 20th day of September, 2001, of amendments to the Rules and Regulations Governing Elections for the State of Colorado.

Donetta Davidson
Secretary of State

signed
By William A. Hobbs
Deputy Secretary of State 

Statement of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State

Rules and Regulations Governing Elections for the
State of Colorado

Basis and Purpose

These amended rules are based on the recommendations received from election officials and interested citizens offered to the Secretary of State. The current rules, updated by these adopted rules, were adopted on September 14, 1994 and have not been amended or updated since that date.

Many of the rules adopted in 1994 were based on existing statutes that have since been repealed. Other rules adopted in 1994 have since been codified into the Colorado Revised Statutes. The resulting rules have different number identifiers as a result of the removal of those rules, which have since been codified or based on statutes which have since been repealed. Hence, the technical corrections to the Rules are "housekeeping" amendments and updates.

The purpose of new Rule 1, Definitions, has been added to reflect the definition of "District office of state concern".

The purpose of deletions to new Rule 2, or old Rule 1, Rules Concerning Voter Registration, are "housekeeping" deletions to reflect codification of some old rules into current statutes.

The purpose of deletions to new Rule 3, or old Rule 2, Rules Concerning Qualified Political Organizations, are to reflect codification of some old rules into current statutes.

The purpose of deletions to new Rule 4, or old Rule 3, Rules Concerning Circulation of Candidate Petitions, are "housekeeping" deletions to reflect the repeal of 1-5-204, Colorado Revised Statutes.

The purpose of new Rule 5, or old Rule 4, Rules Concerning Non-Partisan Elections, is to clarify existing statutes governing the conduct of non-partisan elections and Part 1, Article 45 of Title 37, Colorado Revised Statutes (Water Conservancy Act) requiring these elections to be conducted in accordance with Articles 1 through 13 of Title 1, Colorado Revised Statutes. In particular, the new rule clarifies procedures for candidate petitions under Part 1, Article 45 of Title 37, where none previously existed.

The purpose of new Rule 6, old Rule 5, Rules Concerning Coordinated Elections, in particular new Rule 6.6, is to reflect ballot wording which may appear when no candidate has qualified for a particular office. Deletions to old rule 5, which do not appear in new Rule 6, reflect codification of old rules into current statutes.

The purpose of new Rule 7, old Rule 6, Rules Concerning Polling Places, is the addition of new Rule 7.5 that has been added to clarify existing statute 1-5-106 to reflect the notice requirements of a polling place in a temporary structure not yet in existence.

The purpose of new Rule 8, old Rule 6a, Rules Concerning Watchers, is to reflect codification of old rules into current statutes.

The purpose of new Rule 9, old rule 7, Rules Concerning Assistance to Disabled Voters, specifically new Rule 9.1 is to clarify existing statute 1-7-111(1)(b) to reflect the actual wording of a notice to electors requiring assistance at the polling place.

The purpose of new Rule 10, old Rules 8 and 8a, Rules Concerning Ballots and Election Supplies, reflects the codification of old rules into current statutes and clarification of existing statutes.

The purpose of new Rule11, old Rule 9, Rules Concerning Electronic Voting Systems, reflects the new numbering of the rules with no changes to old rules.

The purpose of new Rule 12, old Rule 10, Rules Concerning Mail Ballot Elections, reflects deletions to the old rules, which have since been codified into current statutes.

The purpose of new Rule 13, old Rule 11, Rules Concerning Absentee Voting, is to reflect deletions to old rules to reflect codification of old rules to current statutes.

The purpose of new Rule 14, old Rule 12, Rules Concerning Recount, is to reflect deletions to old rules to reflect codification of old rules to current statutes, and to set out procedures for the conduct of recounts, previously issued by the secretary of state when recounts were conducted, in the official rules, in particular the procedures for the counting of punch card and optical scan ballots during the official recount.

The purpose of new Rule 15, old Rule 13, Rules Concerning the Preparation and Filing of Statewide Initiative Petitions, to reflect decisions by the Colorado Supreme Court on when proponents may begin to circulate an initiative petition.

The purpose of new Rule 16, old Rule 14, Rules Concerning Verification by Random Sample of Statewide Initiative Petitions, is to reflect new rule numbering only with no changes to the old rule.

The purpose of new Rule 17, old Rule 15, Rules Concerning Verification of All Signatures, is to reflect the new rule numbering only with no changes to the old rule.

The purpose of new Rule 18, old Rule 16, Rules Concerning Statement of Sufficiency, is to reflect the new rule numbering only with no changes to the old rule.

The purpose of new Rule 19, old Rule 17, Rules Concerning Cure, is to reflect the new rule numbering only with no changes to the old rule.

The purpose of new Rule 20, old Rule 18, Rules Concerning Protests, is to reflect the new rule numbering only with no changes in the old rule.

The purpose of new Rule 21, old Rule 19, Rules Concerning Ballot Issue Election, is to reflect the deletion of old Rule 19.1.3, which has been codified into current statute, and the addition of wording in new Rule 21.1.1 which clarifies that the secretary of state shall be responsible for determining whether a proposed initiative concerns a state matter arising under Section 20 or Article X of the State Constitution and eligible to appear on an odd-year ballot, not just in general elections held during even-numbered years.

The purpose of new Rule 22, old Rule 20, Rules Concerning Checking Candidate and Issue Petitions, is to reflect new Rule 22.1 which applies the entirety of new Rule 22 to all candidate and issue petitions except as to municipal candidate and issue petitions.

Statutory Authority

Amendments and additions to the "Election Rules of the Colorado Secretary of State" are adopted pursuant to the following statutes:

• 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..."
• Sections 1-1-104 (9.5) and 1-2-305(3)(a), CRS, which authorize the secretary of state to identify in rules those elective offices that are a "district office of state concern" and those political subdivisions that are a "district of state concern."
• Section 1-5-407 (5.3), CRS, which authorizes the secretary of state to promulgate rules as may be necessary to administer such subsection (5.3), including, but not limited to, rules specifying the group of ballot measures for purposes of numbering or reserving specific sequences of numbers for certain categories of measures.
• Section 1-5-504.5, CRS, which requires the secretary of state to promulgate rules to prescribe the form of the explanation of the procedures that govern the provision of voting assistance to electors with disabilities who require such assistance pursuant to section 1-7-111, CRS
• Section 1-7-907, CRS, which provides that ballot issue notices shall be prepared and mailed in substantial compliance with section 20 of article X of the state constitution, the provisions of the state election code, and the rules and regulations of the secretary of state.
• Sections 1-7.5-104 (1), 1-7.5-107 (1) and (6), 1-7.5-108, and 1-7.5-108, and 1-7.5-110, CRS, which authorize the secretary of state to adopt rules governing mail ballot elections. o Section 1-10.5-102 (2), C.RS., which requires the secretary of state to promulgate rules and regulations necessary to conduct recounts.
• Section 1-40-116(3) and (4), CRS, which authorizes the secretary of state to adopt rules for the examination and verification of petition signatures, including the methodology for conducting the random sample of signatures for such verification.
• Section 1-40-132 (1), CRS, 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.