Pursuant to C.R.S. 1-1-107(2)(a) and the rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103.5, I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of adoption this 1st day of August, 2002, of the Temporary Election Rules of the Colorado Secretary of State.

Donetta Davidson
Secretary of State

signed
William A. Hobbs
Deputy Secretary of State

Statement of Emergency Justification

This statement pertains to Temporary Rules 13.3, 13.4, 25, 26, 27 and 28 for the Administration of House Bill 02-1307, House Bill 02-1061, Senate Bill 02-139 and 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, the above enumerated acts, passed by the 2002 Colorado General Assembly and signed into law by the Governor of the State of Colorado. House Bill 02-1307 went into effect on June 7, 2002. House Bill 02-1061 went into effect on June 7, 2002. Senate Bill 02-139 went into effect on April 12, 2002. The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, this temporary adoption of Rules 13.2, 13.3, 25, 26, 27 and 28 is necessary both to comply with law and to preserve the public welfare generally.

Statements of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Election Rules of the Colorado Secretary of State

Basis and Purpose

These additions to the rules are based on recommendations received from election officials and interested citizens offered to the Secretary of State. They are also based on the passage of three acts of the 2002 General Assembly - House Bill 02-1307, House Bill 02-1061, and Senate Bill 02-139. These additions are also based on the necessity to ensure uniform ballot counting procedures within the various types of voting systems utilized in the State of Colorado.

The purpose of new Rules 13.3 and 13.4, Rules Concerning Absentee Voting, is to clarify a new statute prohibiting a single individual from returning more than five absentee ballots to the designated election official.

The purpose of new Rule 25, Rules Concerning Military Voting, is to clarify new statutes allowing military personnel overseas to apply for, be sent, and return an absentee ballot by facsimile transmission.

The purpose of new Rule 26, Rules Concerning Provision Voting, is to clarify new statutes allowing provisional voting by electors at the polling place on election day and at the clerk and recorder's office.

The purpose of new Rule 27, Rules Concerning Uniform Ballot Counting Standards, is to clarify existing statutes concerning the counting of ballots and to ensure the uniform counting of ballots and duplication of ballots within the various types of voting systems utilized in the State of Colorado.

The purpose of new Rule 28 is to clarify a new statute regarding the training of election judges during an election cycle.

Statutory Authority

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…"
• Section 1-8-103.5(3), C.R.S., which authorizes the secretary of state to prescribe by rule any procedures or requirements as may be necessary to implement the provisions of the statutes regarding absentee voting my military personnel overseas.
• Section 1-9-305, C.R.S., which authorizes the secretary of state to promulgate all appropriate rules for the purpose of ensuring the uniform application of the statutes regarding provisional ballots.