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Notice of Proposed Rulemaking

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 30, 2004 from 10:00 a.m. to 12:30 a.m. in the main conference room of the Office of the Secretary of State at 1560 Broadway, Suite 200, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of additions to the “Secretary of State Election Rules”.

Subject of the Proposed Rulemaking

A revision of the Secretary of State Election Rules to clarify and conform to the provisions of the Help America Vote Act and other statutory changes made by the Colorado General Assembly.

Authority for Proposed Rulemaking

Additions and amendments to the “Secretary of State Election Rules” [8 CCR 1505-1] 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 1-1.5-104(1)(e), C.R.S., which authorizes the Secretary of State to “promulgate rules…as the secretary finds necessary for the proper administration, implementation, and enforcement of HAVA…”.

Copies of the proposed rules may be obtained by September 20, 2004, 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 30, 2004) in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency. For more information, please contact Bill Compton, Elections Division, 303.894.2200, ext. 6301.