Statement of Justification and Reasons for Adoption of Temporary Rules

Office of the Secretary of State
Amended and Revised Rules
Rule 2.17 
Colorado Secretary of State Election Rules

Under section 1-1-107(2)(a), C.R.S. (2008), the Secretary of State has the power “[t]o promulgate, publish, and distribute … such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws.”  

The amendment to the existing election rules is immediately necessary for the uniform and proper administration and enforcement of the election laws of the State of Colorado.  The temporary adoption of this rule is necessary to clarify statutory language and to provide clear guidance regarding treatment of undeliverable new voter registration notifications pursuant to section 1-2-509(3), C.R.S., until a legislative clarification may be proposed. 

The Secretary of State finds that in order to protect applicants from being possibly disenfranchised due to postal or other error, applicants who are deemed “not registered” in accordance with section 1-2-509(3), C.R.S., because their new voter notification was returned as undeliverable must be afforded an opportunity to confirm their address. 

To ensure that these applicants have such an opportunity, the Secretary finds that these applicants must be sent an additional notification by forwardable mail, and be afforded a sufficient period of time to receive and return the mailing to the county clerk and recorder. The Secretary of State finds that this additional layer of protection will help ensure that eligible electors who apply for voter registration are not precluded from becoming registered because of postal or other error resulting in the new voter notification being returned as undeliverable.

The Secretary of State finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the adoption of the temporary amendment 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. (2008), the Secretary of State finds that adoption of the amendment to existing 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.”