Amended Rules #2, 5, 6, 8, 9, 11, 12-14, 21, 25, 26, 29, 30, 31, 37
And New Rules 38 & 39
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.

Due to a clerical error, the Election Rules adopted on October 15, 2004 became ineffective on November 5, 2004 for failure to comply with a filing deadline of the Administrative Procedures Act. However, these rules provided sufficient guidance to the counties in the conduct of the 2004 General Election and were followed accordingly in substantial compliance with the intent of the rules. In order to remedy the clerical error and properly promulgate these rules, the Secretary of State is readopting them in order to reaffirm clarification and unwavering guidance to the designated election officials of the State of Colorado.

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.”