New Rule 13.9
Secretary of State Election Rules
Rules Concerning Absentee Voting

This statement pertains to the additions of Rule 13.9: Rules Concerning Absentee Voting, of the Secretary of State Election Rules, and for the uniform and proper administration and enforcement of the election laws of the State of Colorado.

This rule is mandated by, and is 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 we are currently in the middle of the General Election cycle and all 64 Colorado counties are preparing to process absentee ballot requests and mail out absentee ballots, the Secretary of State finds that there is a need for the amendments to the Rules Concerning Mail Ballot Elections to be adopted immediately on an emergency basis. As the designated election officials of each county, the County Clerk and Recorders need immediate guidance on the treatment of absentee ballots in order to ensure the equal treatment of voters and to prevent the potential for voter disenfranchisement.

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 temporary Rule 13.9 is necessary both to comply with law and to preserve the public welfare generally.