Office of the Secretary of State
Amended Rules 2, 5, 6, 8, 9, 11, 12, 25, 26, 27, 30 and New Rule 38
Secretary of State Election Rules

Basis and Purpose

These additions and amendments to the rules are based on questions received by the Secretary of State from election officials and interested citizens.

The purpose of the amendments to the Election Rules, and the New Election Rules adopted by the Secretary of State is to bring the rules into conformity with the provisions and requirements of the Help America Vote Act of 2002, as well as changes made by the Colorado General Assembly to the Colorado Revised Statutes.

In addition, elections are at the heart of the democratic form of government, and providing security for them is therefore critical to the proper functioning of a democracy. Since the 2004 Presidential Election cycle has already begun, the County Clerk and Recorders are in need of guidance in preparation for the election in the form of these rules.

Statutory and Constitutional Authority

Additions and amendments to the “Secretary of State Election Rules” are adopted pursuant to the following statutory provisions:

· 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…”

· Section 1-1.5-104(1)(e), C.R.S., which authorizes the Secretary of State to “Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S. as the secretary of state finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article…”