Pursuant to the requirements of section 24-4-103, C.R.S., notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on September 5, 2002 from 1:00 p.m. to 5:00 p.m. in the Secretary of State large conference room, Suite 200, 1560 Broadway, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of additions to the "Rules Governing Elections", 8 CCR 1505-1.

Subject of the Proposed Rulemaking

1. Rules clarifying the procedures for implementation of Title 1, Article 9, Part 3 concerning provisional ballots.

2. Rules clarifying the procedures for implementation of Title 1, Article 8, Part 1 concerning absentee voting by military personnel overseas.

3. Rules clarifying the procedures for implementation of Title 1, Article 8, Part 1 concerning the return of absentee ballots to the designated election official.

4. Rules clarifying the procedures for implementation of Title 1, Article 6, Part 1 concerning the training of election judges.

5. Rules clarifying the procedures for implementation of Title 1, Article 7, Part 3 concerning uniform vote counting procedures for paper ballots.

6. Rules clarifying the procedures for implementation of Title 1, Article 7, Part 5 concerning uniform vote counting procedures for optical scan ballots and punch card ballots.

Authority for Proposed Rulemaking

Additions to the "Rules Governing Elections" are proposed pursuant to the following statutes:

1. 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…"

2. Section 1-8-103.5(3), C.R.S., which authorizes the Secretary of State to "prescribe by rule any procedures or requirements as necessary to implement the provisions of…" section 1-8-103.5 regarding absentee voting by military personnel overseas.

3. 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 Part 3 of Article 9 of Title 1 regarding provisional ballots.

Copies of the proposed rules may be obtained on July 25, 2002, from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling 303.894.2200, ext. 6301. An initial copy will be given free of charge. The proposed rules also will be published on the Secretary of State's Internet web site at www.sos.state.co.us.

The hearing will be held in accordance with section 24-4-103, C.R.S. Written and oral data, view and arguments, will be received from all interested parties. Written submissions must be filed at or before the commencement of the hearing (September 5, 2002) in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency.