Amended Rules #2, 5, 6, 8, 9, 11, 12, 25, 26, 27, 30
And New Rule 38
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. 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; absentee ballot, provisional ballots, and voter identification; 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.”