Amendments Adopted October 2, 2007
COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

Rule 2.3 is amended as follows
2.3	Emergency Registration Application.  Prior to the implementation of the statewide voter registration database, when an elector completes an emergency registration application pursuant to section 1-2-217.5 (1)(b), C.R.S., the elector shall be required to present one of the forms of identification set forth in Rule 30.1.6.

Rule 2.7 is amended as follows
2.7	First Time Voter Who Registers by Mail.  Prior to the implementation of the statewide voter registration database, when a first time voter registers to vote by mail, the voter shall provide a copy of one of the forms of identification set forth in Rule 30.1.6.

Rule 2.8 is amended as follows
2.8	Submission of voter registration forms.  A properly executed voter registration form may be submitted to the county clerk and recorder in person, by mail, by fax, or as a PDF attachment to an email.  
	2.8.1	All voter registrations submitted by mail, fax, or as a PDF attachment to an email shall be treated as mail registrations. [Section 1-2-501, C.R.S., Election Rule 30.3]
	2.8.2	If any portion of a voter registration submitted by “mail” is illegible, the county clerk and recorder shall notify the applicant of the additional information required in accordance with section 1-2-509, C.R.S. 

New Rule 2.10 is adopted as follows
2.10	Changes to an Elector’s Voter Registration Record.  If an elector submits a change to his or her voter registration record that does not contain all of the information required by sections 1-2-216 or 1-2-219, C.R.S., the county clerk and recorder may not make the requested change, unless the county clerk and recorder can confidently identify the voter, otherwise the county clerk and recorder shall notify the voter what additional information is required to process the request.

Rule 5.5.10 is amended as follows:
5.5.10		If 25 or more provisional ballots have been cast and counted, the results shall be reported as one total.  If less than 25 provisional ballots have been cast and counted, the results shall be included in the results of the mail-in ballots counted in the election.
New Rule 6.2 is adopted as follows:
6.2	Procedures for Coordinated Elections Involving Jurisdictions Shared by Multiple Counties 
6.2.1	Upon implementation of the statewide voter registration database, controlling counties shall be designated for the purpose of assigning and setting up shared races, issues, and questions in coordinated elections.
6.2.2	The controlling county shall be the county where the largest number of active registered electors within the jurisdiction reside at the time that the controlling county is designated.  Once designated, the controlling county will not change regardless of any increase or decrease in the number of active registered electors.
6.2.3	The Secretary of State shall maintain and make available to county clerks on its website the list of controlling counties for each shared jurisdiction within the state.
6.2.4	The controlling county shall set up all certified races, issues, and questions in the statewide voter registration database, and make the information available to all counties sharing jurisdiction no later than the date of ballot certification.
a. 	The controlling county shall use only standard abbreviations approved by the Secretary of State in setting up the races, issues and questions for the shared jurisdiction.
b.	After the controlling county has set up the shared races, issues and questions, no changes shall be made to the ballot order or to the numbers assigned without the approval of the Secretary of State.  
c.	All counties within the shared jurisdiction shall ensure that the races, issues and questions are printed on the ballot as certified by the Secretary of State or designated election official.
6.2.5	If any controlling county fails to fulfill its responsibilities in accordance with this Rule, any of the other counties in the shared jurisdiction may make a written request to the Secretary of State to temporarily assume the duties of the controlling county. The secretary of state shall have the authority to act on behalf of the controlling county or to temporarily designate another county to act as the controlling county in order to assure implementation of this Rule.
Succeeding subsections of Rule 6 are renumbered accordingly

Existing Rule 6.2.2 is repealed and succeeding subsections of this Rule are renumbered accordingly

Rules 8.7, 8.8, 8.9 and 8.12 are amended as follows:
8.7	What Watchers May Observe.  Duly appointed Watchers may observe polling place voting, early voting and the processing and counting of precinct, provisional, mail, and mail-in ballots. For mail ballot elections, or mail-in ballot processing, watchers may be present at each stage of the election including the receiving and bundling of the ballots received by the designated election official.  Watchers may be present during provisional ballot processing but may not have access to confidential voter information.
8.8	Limitations of Watchers. Duly appointed Watchers may observe election judges but may not interrupt or disrupt the processing, verification and counting of any ballots or any other stage of the election. Watchers may track the names of electors who have cast ballots by utilizing their previously obtained lists, but may not write down any ballot numbers or any other identifying information about the electors.  Watchers may not handle the poll books, official signature cards, ballots, mail ballot envelopes, mail-in ballot envelopes or provisional ballot envelopes, voting or counting machines or machine components.  Watchers shall not interfere with the orderly process and conduct of any election, including ballot issuance, receiving of ballots, voting or counting of the ballots.  Watchers may not be allowed to interact with election officials or election judges, except that each designated election official shall name at least one individual in each precinct polling place or election location to whom Watchers may direct questions or from whom watchers may seek requested information.
8.9	Parties May Appoint Watchers. Major and minor political parties with candidates on the ballot may appoint one Watcher each to be present to observe polling place voting, early voting, and the processing and counting of regular, provisional, mail and mail-in ballots.  See sections 1-7-105 and 1-7-106, C.R.S.
8.12	Media Observers. Media Observers with valid and current media credentials may be present to witness early voting, election day voting and the processing and counting of provisional, mail and mail-in ballots.  However, at the discretion of the county clerk and recorder, Media Observers may be required to appoint one member of the media as a pool reporter, and one member as a pool photographer to represent all media observers in accordance with the Guidelines established by the Colorado Press Association in conjunction with the Colorado County Clerks’ Associations and the Secretary of State as set forth herein:

Rule 10.4 is amended as follows:
10.4	Candidates whose names are listed on a ballot must provide an audio recording of the pronunciation of their name to the Secretary of State prior to the election for offices that are voted on by the electors of the entire state, or of a congressional district, or for the offices of members of the general assembly or district attorney or a district office of state concern.  
10.4.1	For candidates designated by a major or minor party, such audio recording shall be provided no later than the last day upon which the candidate acceptance may be filed with the Secretary of State in accordance with Article 4 of title 1, C.R.S.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the candidate acceptance form that is submitted to the Secretary of State, and as they wish it to appear on the ballot.
10.4.2	For candidates nominated by petition, such audio recording shall be provided no later than the last day upon which the petition of nomination and candidate acceptance may be filed with the Secretary of State in accordance with Article 4 of title 1, C.R.S.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the candidate acceptance form that is submitted to the Secretary of State, and as they wish it to appear on the ballot.
10.4.3	For unaffiliated candidates for president who seek placement on the General Election ballot by submitting a candidate’s statement of intent and a filing fee to the Secretary of State in accordance with section 1-4-303(1), C.R.S,, such audio recording shall be provided no later than the last day upon which the candidate’s statement of intent may be filed with the Secretary of State in accordance with Article 4 of title 1, C.R.S.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the candidate’s statement of intent that is submitted to the Secretary of State, and as they wish it to appear on the ballot.
10.4.4	For district and county judges seeking retention, such audio recording shall be provided no later than the date upon which the declaration of intent to run for retention in a judicial office may be filed with the Secretary of State in accordance with Article VI, Section 25 of the Colorado Constitution.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the declaration of intent to run for retention in a judicial office that is submitted to the Secretary of State, and as they wish it to appear on the ballot.

New Rule 10.5 is adopted as follows:
10.5	County, municipal, school district, and special district candidates whose names are listed on a ballot for an election coordinated by the county clerk and recorder must provide an audio recording of the pronunciation of their name to the county clerk and recorder prior to the election for offices that are voted on by the electors of the county, municipality, school district, or special district.   
10.5.1	For candidates designated by a major or minor party, such audio recording shall be provided no later than the last day upon which the designated election official certifies the ballot content to the county clerk and recorder in accordance with section 1-5-203(3)(a), C.R.S.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the candidate’s statement of intent that is submitted to the designated election official, and as they wish it to appear on the ballot.
10.5.2	For candidates nominated by petition, such audio recording shall be provided no later than the last day upon which the designated election official certifies the ballot content to the county clerk and recorder in accordance with section 1-5-203(3)(a), C.R.S.  The audio recording of the candidate’s name shall be recorded exactly as it is provided on the candidate’s statement of intent that is submitted to the designated election official, and as they wish it to appear on the ballot.

Rule 11.5.3.7 is amended as follows:
11.5.3.7	The test ballots shall be tested on each type of voting device utilized in a given election and each method of counting.  The tests shall include testing of mail-in ballot counting methods, election day counting methods, provisional ballot counting methods, early voting counting methods and audio ballots, if applicable. 

Rule 11.5.3.8.4 is amended as follows:
11.5.3.8.4	The Testing Board and designated election official or his or her designated deputized clerks, as necessary, shall count the test ballots as follows:
(a)	Mail-in Ballots: 
(1)	All county test ballots shall be counted on at least one, but not more than three, mail-in ballot vote counting devices and have the predetermined total verified to the machine total.
(2) 	All Testing Board Member test ballots shall be counted individually with reports generated to verify the machine count to the predetermined hand tally.	

Rules 11.5.4.4, 11.5.4.5, 11.5.4.6, and 11.5.4.7 are amended as follows:
11.5.4.4	For optical scanners used for any function of counting ballots except for Central Count/vote center as defined herein, the designated election official shall manually verify all of the ballots that were counted on the randomly selected device(s) with the election summary report that was generated from the device(s) at the close of the polls.  The Secretary of State shall randomly select a minimum of two (2) races per device to be manually verified to ensure that each office, issue, and question on the ballot is audited in accordance with section 1-5-714, C.R.S.
11.5.4.5	For Optical Scanners used for the purpose of counting ballots in a Central Count/vote center environment as defined herein, the designated election official shall randomly select five (5) percent but not more than five hundred (500) ballots of all the ballots counted on the specific audited device.  If the amount of ballots is less than five hundred (500) on the audited device, then a minimum of twenty percent (20%) of the ballots counted on the device will be manually verified.  The public counter for that voting device shall be reset to zero, and the ballots shall be recounted on the voting device.  A new report will be generated from the electronic count of the ballots and shall be manually verified.  The ballots and a copy of the report shall be sealed in a separate container and secured with the remainder of the official election records for the election.  The Secretary of State shall randomly select a minimum of two (2) races per device to be manually verified to ensure that each office, issue, and question on the ballot is audited in accordance with section 1-5-714, C.R.S.
11.5.4.6	For Direct Record Electronic Devices (DREs) that do not meet the requirements of section 1-5-802, C.R.S., used for any function of counting ballots in an election, the designated election official will manually verify the image of all the ballots contained in the Ballot Log or Ballot Audit that were counted on the specific device with the report generated for that specific device at the close of polls which contains the election summary report.  The Secretary of State shall randomly select a minimum of two (2) races per device to be manually verified to ensure that each office, issue, and question on the ballot are audited in accordance with section 1-5-714, C.R.S.
11.5.4.7	For Direct Electronic Devices (DREs) that do meet the requirement of section 1-5-802, C.R.S., used for any function of counting ballots in an election, after the close of the polls, the designated election official will manually verify all of the voter verified paper record produced with the report generated for that specific device, which contains the election summary report.  The Secretary of State shall randomly select a minimum of two (2) races per device to be manually verified to ensure that each office, issue, and question on the ballot is audited in accordance with section 1-5-714, C.R.S.

Rule 11.5.4.11 is amended as follows:
11.5.4.11	Upon completion of the audit, the designated election official shall promptly report the results of the audit to the Secretary of State’s Office.  The report shall be submitted following the completion of the audit and up to and including 5:00 pm on the last day of the canvass.  The report shall contain:
(a)	The make, model and serial number of the voting device that was audited.
(b)	The number of ballots originally counted by the device or the number of ballots audited as identified in paragraph (d) of this section;
(c)	The count of the specific race or races as provided on the summary report printed at the close of polls or the report generated for the audit;
(d)	The count of the specific race as manually verified; 
(e)	Any other information required by section 1-7-514, C.R.S.; and 
(f)	The signature of the canvass board and the designated election official.

Rules 12.1 and 12.2 are amended as follows:
12.1	Definitions.
12.1.1	A secrecy sleeve or secrecy envelope shall be sealed or closed on at least two sides, one of which shall be the bottom of the sleeve.
12.1.1.1	The secrecy sleeve or secrecy envelope shall be uniform within each type of mail-in ballot or mail ballot voting system used in the State of Colorado.  Each secrecy sleeve, secrecy envelope, or voter instructions used in the State of Colorado in any mail ballot or mail-in ballot election shall contain the following required language, approved by the Secretary of State, regarding identification requirements of voters who have registered by mail:
(a)	“First Time Voters Who Register By Mail”
	“If you registered in your county by mail, and did not submit proof of identification in accordance with section 1-2-501, C.R.S., a copy of one of the forms of identification listed in Rule 2.7 30.1.6 is required with your mail ballot or your mail-in ballot.”
 (b)	“Failure to provide ID will result in your ballot being treated as a provisional ballot.  Provisional ballots are counted when registration is verified.”  See section 1-7.5-107(3.5)(d), C.R.S.
12.1.2	A separate mail ballot plan is not required from a political subdivision if a county clerk and recorder submits a mail ballot plan for a coordinated election which includes the political subdivision.
12.2	Election Judges.
12.2.1	The designated election official for the election may appoint an appropriate number of judges to receive the ballots after they are mailed, to handle “walk-in” balloting and mail-in ballots at the sites designated for “walk-in” balloting, to check registrations, to inspect, verify, and duplicate ballots when necessary, and to count the ballots and certify results.

Rules 12.3.2 would be amended as follows:
12.3.2	As soon as possible, but no later than sixty-five (65) days prior to a regular special district election and no later than fifty-five (55) days prior to any other election, a written plan must be submitted to the Secretary of State which includes the following:
(a)	Date of the election;
(b)	Type and name of jurisdiction involved in the election;
(c)	Description of the type of election to be conducted;
(d)	Citation of the statute or home rule charter provisions authorizing the election;
(e)	Estimated number of eligible electors;
(f)	Name of the designated election official who will be responsible for all aspects of the election;
(g)	Indication of whether the county clerk and recorder will assist in the election for the entity other than by providing a list of registered electors and other information required by statute;
(h)	Total number of “places of deposit”.  For security reasons, unmonitored freestanding places of deposit located outside will not be allowed;
(i)	For elections coordinated by the county clerk and recorder, the total number of walk-in voting locations;
(j)	Number of accessible voting machines anticipated being used for walk-in voting locations in elections coordinated by the county clerk and recorder;
(k)	Length of time accessible voting machines will be available for walk-in voting in elections coordinated by the county clerk and recorder;
(l)	Written timetable for the conduct of the election in accordance with the statute;
(m)	Indication of how postage will be handled for ballot packets returned as undeliverable (e.g. “return postage guaranteed”);
(n)	Indication of procedures to be followed to ensure compliance with statutes and rules, including persons responsible for each stage;
(o)	Description of procedures to be used to ensure ballot security at all stages of the process;
(p)	Description of procedures for maintaining privacy and security of accessible voting machines to be used in an election coordinated by the county clerk and recorder;
(q) Description of procedures to be used for signature verification;
(r)	Description of procedures to ensure privacy by use of a secrecy sleeve or secrecy envelope so receiving judges cannot tell how the elector voted;
(s)	Description of procedures to be used to reconcile ballots issued, ballots received, defective ballots and substitute ballots; and
(t)	An actual sample of the secrecy sleeve or secrecy envelope to be used in the mail ballot election.

New Rule 12.3.5 is adopted as follows:
	12.3.5	A special district required to submit a mail ballot plan in accordance with section 1-7.5-105, C.R.S. and this Rule, may request a seven (7) day filing extension if the plan is being submitted for a regular special district election that may be cancelled.
		(a)	A request for such extension shall be submitted to the Secretary of State no later than two (2) business days prior to the deadline for submitting the mail ballot plan.
		(b)	The request shall contain a brief statement of the reasons for such request.
		(c)	The Secretary of State shall notify the special district of the approval/disapproval of the request within one (1) business day.

New Rule 12.4.11 is adopted as follows:
12.4.11	All return envelopes used in a mail ballot election coordinated by the county clerk and recorder shall be formatted in such a manner that the voter’s signature on the back of the envelope is concealed. [Sections 1-7.5-106 and 1-7.5-107, C.R.S.]
	a.	Any county may apply to the Secretary of State for an exemption to this requirement by submitting a written application based on hardship or other good cause shown.  
	b.	All applications for an exception shall include a statement of the hardship or good cause for which the exception is sought.  The Secretary of State shall have ten (10) business days to approve or disapprove an application for such exemption.

Rules 12.5 is amended as follows:
12.5	Mail-in and Early Voting.
12.5.1	In a mail ballot election, an elector who will be absent from his or her address of record and requests that a mail ballot be sent to an alternate address, shall be issued a mail ballot in accordance with section 1-7.5-107, except that the return envelope shall contain the affidavit set forth in section 1-8-114, C.R.S. 
12.5.2	An “in person” request for a ballot that is delivered to the absent elector in the clerk and recorder’s office may be filed any time after January 1 of the year of the election, but no later than the close of business on the Friday prior to the election; except that, if the applicant wishes to receive the ballot by mail, the application shall be filed no later than the close of business on the seventh day before the election. 
12.5.3	Upon receipt of a request for a mail-in ballot, the designated election official shall deliver the original ballot or a replacement ballot to that elector.
12.5.4	A record shall be made on the registration rolls that a request for a mail-in ballot was received, a ballot was mailed to the alternate address and the ballot number shall be recorded.
12.5.5	For mail ballot elections, the notation “Mail-in Ballot No. M.I.V.___” shall not be required on the mail-in ballots.
12.5.6	Establishment of polling place for early voting shall not be required for a mail ballot election, however the location for walk-in balloting shall be maintained.

Rules 12.10 is amended as follows:
12.10	Replacement Ballots for Purpose of Mail Ballot Elections.
12.10.1	Requests for replacement ballots may be made in writing, by mail, by fax, by email, or by telephone.
12.10.2	An elector requesting a replacement ballot shall complete a sworn statement, as required by section 1-7.5-107(3)(d)(I), C.R.S., on a form provided by the designated election official.  If the elector requests that the replacement ballot be mailed, the form may be included in the ballot packet mailed to the eligible elector, and must be received on or before election day by the election official.
12.10.3	The election judge issuing a replacement ballot shall indicate on the outside of the return envelope whether a sworn statement must be returned with the voted ballot.  No replacement ballot shall be counted until it has been determined that an affidavit has been completed by the voter and has been received on or before election day by the election official.

Rule 12.12 is repealed and succeeding subsections of Rule 12 are renumbered accordingly 

Rules 13 is amended as follows:
Rule 13.  Rules Concerning Mail-in Voting
13.1	All election materials prepared by the designated election official, including the Article X, Section 20 notice, may be included in the mail-in ballot packet.
13.2	The county clerk and recorder shall keep a list, to the extent possible, of the names and mailing addresses of all individuals who deliver more than five (5) voted mail-in ballots to the designated or coordinated election official’s office or the designated drop site for mail-in ballots.
13.3	The county clerk and recorder shall notify each individual on the list required by 13.2 by letter that they have violated section 1-8-113, C.R.S., by delivering more than five (5) mail-in ballots to the designated election official.
13.4	The designated election official shall require that the eligible elector submit a copy of his or her identification as defined in section 1-1-104(19.5), C.R.S., with the elector's ballot in the return envelope if the eligible elector registered to vote by mail pursuant to Part 5, Article 2, Title 1, C.R.S., and failed to include the copy with the original registration or failed to supply a driver’s license number, Colorado Department of Revenue ID number or at least the last four digits of a social security number that was subsequently verified per Rule 30.3.
13.5	The county clerk and recorder shall indicate on the list of registered voters requested by the designated election official those registered voters required to be identified in Rule 13.4.
13.6	In any election where a multiple page printed ballot is used, a voter must vote and return all pages of the ballot at the same time.  Any voter who has returned at least one page of a multiple page printed ballot will be considered to have voted.  Any additional page returned at a later time shall not be counted but shall be appropriately marked, set aside, and preserved as other election materials in accordance with section 1-7-802, C.R.S.
13.7	If the elector is required to provide his or her identification, the outside of the return envelope shall be marked to identify such envelope.  A county may use additional methods to communicate the requirement to provide identification.  The elector shall also be provided with specific instructions on the requirement to provide such identification.
13.8	If the marked return envelope does not contain proper identification, the ballot shall be treated as a provisional ballot.  The outside of the return envelope shall be marked "provisional".  The provisional ballot shall be verified and counted in accordance with section 1-8.5-105(5), C.R.S.
13.9	If a voter has been directed to return a document with his or her voted ballot, the election judge shall open the returned envelope to retrieve the required form.  If the required form cannot be found in the return envelope, the election judge shall open the secrecy envelope/sleeve to find the required form or document in an effort to not disenfranchise the voter.
13.10	For any non-matching or missing signatures on a mail-in ballot return envelope, Rule 29 concerning procedures for the verification of signatures shall be followed.
13.11	The designated election official’s duties under section 1-8-112, C.R.S., are triggered if the U.S. mail is delivered collectively to the residential facility.  If the U.S. mail is delivered to individuals or individual mailboxes, the requirements of section 1-8-112, C.R.S., shall not be applicable.
13.12	Voters who appear in person at their correct polling place, but who requested mail-in ballots, will nevertheless be permitted to cast provisional ballots upon their declaration that they have not and will not cast any vote in the election other than by that provisional ballot.  The provisional ballot is then to be counted, once election officials determine that the voter did not in fact cast the mail-in ballot.
13.13	Permanent Mail-in Voting.  An application for a mail-in ballot received by the county clerk and recorder shall be treated as an application for permanent mail-in ballot only if the applicant makes such designation.  If the applicant does not specify the length of the request for a mail-in ballot, the application shall be treated as an application for the current calendar year.  If the applicant marks both the permanent and calendar year boxes, the application shall be treated as an application for permanent mail-in ballot.
13.14	A county clerk and recorder using the “Ballot Now” system to print mail-in ballots shall print and make ballots available no later than thirty-two (32) days preceding the election in accordance with section 1-5-403, C.R.S.  Ballot issuance shall begin no later than seventy-two (72) hours after printing is complete in accordance with 1-8-111, C.R.S.
13.15	A county clerk and recorder who utilizes a third party vendor to mail ballots shall be considered to be in possession of the ballots for the purposes of sections 1-5-403 and 1-8-111, C.R.S., when the vendor has prepared the ballots for mailing, but no later than thirty-two (32) days preceding the election in accordance with section 1-5-403, C.R.S.
13.16	In addition to the language required by section 1-8-101(4)(a), C.R.S., the secrecy sleeve and instructions shall contain a statement that “All valid mail-in ballots are counted in every election in Colorado, regardless of the outcome or closeness of any race.”
13.17	All return mail-in ballot envelopes used in an election coordinated by the county clerk and recorder shall be formatted in such a manner that the voter’s signature on the back of the envelope is concealed. 
13.17.1	Any county may apply to the Secretary of State for an exemption to this requirement by submitting a written application based on hardship or other good cause shown.  
13.17.2	All applications for an exception shall include a statement of the hardship or good cause for which the exception is sought.  The Secretary of State shall have ten (10) business days to approve or disapprove an application for such exemption.

Rule 14.5 is amended as follows:
14.5	Counting of Paper Ballots - Recount
14.5.1	Totals of recounted ballots shall be processed, counted, and reported in summary form as follows:
(a)	Sum total of votes cast for each candidate, under-votes, and over-votes for all precincts;
(b)	Sum total of votes cast for each candidate, under-votes, and over-votes for all mail-in ballots (a combined total, not totaled by individual precincts or locations, unless the voting system so allows.);
(c)	Sum total of votes cast for each candidate, under-votes, and over-votes for all early voting precincts (a combined total, not totaled by individual precinct or locations, unless the voting system so allows.);
(d)	Determine grand total of ballots cast by early voting, mail-in voting, and precinct voting.
14.5.2	If mail-in ballots were originally counted with early voting ballots, then the recount will be of a combined total of early and mail-in ballots.
14.5.3	Ballot boxes or containers shall be opened one at a time.
14.5.4	Ballots shall be counted into groups of 25 to ensure that the number of ballots recounted matches the number originally counted.
14.5.5	Votes shall be counted by individual hash marks in 25-count sections by two different judges.

Rules 14.6.2 and 14.6.3 are amended as follows:
14.6.2	The canvass board shall choose at random five percent (5%) of voting devices containing votes from the election, which are affected by the recount, for the test.
(a)	Prior to the start of the test, the canvass board shall verify that devices randomly chosen were not used in the audit conducted pursuant to section 1-7-514 (1)(b).
(b)	The proportion of Optical Scan devices to DRE/electronic voting devices selected for the test shall match the proportion of machines used in the election by the designated election official.
(c)	At least one device selected for the test shall be a central count/mail-in ballot scanner.
14.6.3	For testing central count/mail-in ballot scanners the canvass board shall randomly select one percent (1%) or fifty (50) ballots, whichever is greatest.  A blank prom cartridge, rom cartridge or memory card shall be utilized for the test.  The ballots selected shall be processed through the central count/mail-in ballot scanner and compared to the hand-tallied total.

Rules 14.6.7 and 14.6.8 are amended as follows:
14.6.7	Totals of recounted ballots shall be processed, counted, and reported in summary form as follows:
(a)	Sum total of votes cast for each candidate, ballot issue or ballot question subject to the recount, under-votes, and over-votes for all precincts;
(b)	Sum total of votes cast for each candidate, ballot issue or ballot question subject to the recount, under-votes and over-votes for all mail-in ballots (a combined total, not totaled by individual precincts or location, unless your system allows);
(c)	Sum total of votes cast for each candidate, ballot issue or ballot question, subject to the recount, under-votes, and over-votes for all early voting locations (a combined total, not totaled by individual precinct or locations, unless the voting system so allows);
(d)	Determine the grand total of ballots cast in early, mail-in, and precinct voting.
14.6.8	If mail-in ballots were originally counted with early voting ballots, then the recount will be of a combined total of early and mail-in ballots.

Rule 14.6.12 is amended as follows:
14.6.12	Utilizing one or more blank prom cartridges, rom cartridges, or memory card, all mail-in ballots shall be counted.  After an individual ballot container is counted, the ballots shall be returned to the ballot container and sealed.

Rule 14.7.1(a) is amended as follows:
 (a)	Using the Ballot Now Scanned Ballots by Precinct report from the original election database, locate the batches containing any ballot type (Election, Mail-in, and Provisional) for the recount.

Rule 15 is amended as follows:
Rule 15.  Rules Concerning Preparation, Filing, and Verification of Statewide Initiative Petitions
15.1	Each petition section shall be verified according to the procedures set forth in Rule 17.1.
15.2	No petition shall be accepted which lists proponents other than the two identified as petition representatives pursuant to section 1-40-104, C.R.S.
15.3	Proponents may begin circulating a petition for signatures at any time after the final decision of the title board, including disposition of any motion for rehearing or the expiration of the time for filing a motion for rehearing, and after the Secretary of State has approved the format of the petition as provided in section 1-40-113 (1), C.R.S., whether or not an appeal is filed with the Supreme Court pursuant to section 1-40-107 (2).  The six-month period specified in section 1-40-108 (1) shall begin on the date that the first signature is affixed to the petition or, in the case of an appeal to the Supreme Court, on the date that the decision of the Supreme Court becomes final, whichever date occurs first.  Signatures shall be counted only if affixed to the petition during the period provided in this rule.
15.4	Only one filing of a petition or an addendum is allowed.  After a petition or an addendum is filed, the petition or the addendum may not be supplemented with additional signatures.  If additional signatures are submitted after the original filing, such signatures shall not be counted, even if such signatures are submitted within the time permitted by law for the filing of the original petition or addendum.
15.5	Verification by Random Sample
	15.5.1	Each petition section shall be verified according to the procedures set forth in Rule 17.1.
	15.5.2	Preliminary count and generation of random numbers.
a.	After the entries have been counted for each petition section, a data entry clerk shall enter the following data into the database; the petition identification number, the petition section number, the page number and the number of entries on the page.
b.	A record shall then be created for each entry, which shall contain the petition identification number, petition section number, page number and the entry number.  The total number of entries submitted for the petition shall be tallied.
c.	If the number of entries is less than the total number of signatures required to certify the measure to the ballot, a statement of insufficiency shall be issued.
d.	A series of random numbers shall be generated by the database that is the greater of four thousand signatures or five percent of the total number of entries.
	15.5.3	Verification of selected entries.
a.	The random numbers selected shall be matched with the appropriate petition section, page number and entry number.
b.	Each entry generated shall be checked for validity in accordance with Rule 17.1.
c.	Each reason for rejection of an entry shall be recorded by separate code and a master record of the rejected entries shall be maintained.  A master record shall also be maintained of each entry that is accepted.
	15.5.4	Checking the circulator’s affidavit.  The circulator’s affidavit shall be checked for each entry in accordance with Rule 17.2.  If the affidavit is not attached and completed, all entries in the section shall be rejected.
	15.5.5	Checking individual signatures.  Each individual signature shall be checked in accordance with Rule 17.3.
	15.5.6	Computation of total accepted signatures.
a.	A tally shall be made of the number of accepted signatures and the number of rejected signatures.
b.	The Secretary of State shall determine the range of signatures by multiplying the constitutionally required number of signatures by 0.90 to compute 90% of the required signatures and by 1.10 to compute 110% of the required signatures.  This number shall be calculated after the general election at which the Secretary of State was elected.
c.	After completing a petition, the number of signatures checked shall then be divided into the number of accepted signatures.  This number will be the percentage of accepted signatures which were submitted.
d.	The percentage calculated in paragraph c of this Rule 15.5.6 shall then be multiplied by the total number of entries which were previously tallied.  This number will be the number of presumed valid signatures which were submitted.
e.	If the number generated is 90% or less of the constitutionally required number of signatures as calculated in paragraph b of this Rule 15.5.6, then the Secretary of State shall issue a statement of insufficiency.  If the number generated is 110% or more of the constitutionally required number, then the Secretary of State shall issue a statement of sufficiency.
f.	If the number generated is more than 90% but less than 110% of the required number, the Secretary of State shall order that each signature on the petition be verified to determine whether the issue or question should be certified to the ballot.

Rule 16 is repealed as follows:
Rule 16.  Rules Concerning Verification by Random Sample of Statewide Initiative Petitions – Repealed 
Subsequent rules are not renumbered

Rule 17 would be amended as follows:
Rule 17.  General Rules Concerning Verification of Petitions
17.1	General procedures concerning verification of petitions.
17.1.1	No issue petition shall be accepted which lists proponents other than those authorized by statute.
17.1.2	When the petitions are received, each section shall be date-stamped and consecutively numbered using a four-digit number.  The number may be printed by a printer, hand-stamped with a manual stamp, or handwritten.
17.1.3	Each petition shall be either an individual sheet for signatures or multiple sheets that are stapled together.
17.1.4	Each section shall be checked for evidence of disassembly.  If it appears that the section was disassembled, all entries in the section shall be rejected.
17.1.5	The lines on each petition section shall be consecutively numbered.  The block of information which consists of the printed last name, first name, middle initial, county, signing date, street address, city, and signature is considered a line.
17.1.6	If the number of entries is less than the total number of signatures required to certify the measure to the ballot, a statement of insufficiency shall be issued.
17.1.7	Each line with writing shall be counted on each petition and shall be considered an entry.  The number of entries for each page of the section shall be written on the page and the total entries for the section shall be written on the face of the petition section.
a.	A line that has no writing or marks on it shall not be considered an entry.
b.	A line that has writing on it but is completely crossed out shall not be considered an entry.
c.	A line which has writing on it but is incomplete or on its face contains an invalid signature or which is partially crossed out shall be considered an entry to be included in this count.
17.2	Checking the circulator’s affidavit.
17.2.1	The circulator’s affidavit shall be checked for each entry.  If the affidavit is not attached and completed, all entries in the section shall be rejected.
17.2.2	The notary clause at the end of the affidavit shall be checked for each entry.  If any information is missing, or if the date on the notary clause is not the same date as the circulator signed the affidavit, all entries in the section shall be rejected.
17.2.3	The circulator’s affidavit shall be checked to assure it has been completed in accordance with the statutory requirements listed below.  If the affidavit was not completed in accordance with the requirements listed below, all entries in the section shall be rejected.
	a.	For candidate petitions, the circulator’s affidavit shall be completed in accordance with section 1-4-905(1) and (2), C.R.S.   
	b.	For initiative petitions, the circulator’s affidavit shall be completed in accordance with section 1-40-111(2), C.R.S.  
17.3	Checking individual signatures.
17.3.1	Each individual entry shall be checked against the voter registration files to assure that the elector was an eligible elector in the political subdivision at the time the petition was signed.
17.3.2	Each reason for rejection of an entry shall be recorded by separate code and a master record of the rejected entries shall be maintained.  A master record shall also be maintained of each entry that is accepted.
17.3.3	If the information on the current voter registration file does not match the information on the entry, the elector’s voter registration history shall be checked to determine if the information on the entry matches the voter registration file at the time the entry was signed.
17.3.4	Name of eligible elector. To be accepted, the name on the entry must be in a form similar to that found on the voter registration record.  Signatures that are common variants of the name found on the voter record shall be counted.  If the signer of the petition is not found on the voter registration file, or if applicable, the county assessors’ list, the entry shall be rejected.
17.3.4	Middle initial and additional terms.
a.	If the middle initial or middle name is not part of either the signature line or the voter record but is included on the other document, if the first and last name are the same on both documents, the entry shall be accepted.
b.	If the middle initial or middle name on the signature line is different than the middle initial or middle name on the voter record, the entry shall be rejected.
c.	If an indicator such as Jr., Sr., or II is present or omitted from the petition or the voter record, the entry shall be accepted. If two persons with the same name reside at the same address as found on the master voter list, the entry shall be rejected, unless the identity of the signer can be conclusively determined.
17.3.6	Address of eligible elector.
a.	If the address written on the line does not match the address on the voter record or on the voter history for the date when the signature was taken, the entry shall be rejected.
b.	If the address on the petition either includes or omits a letter or number identifying an apartment or the directional location of a street, such as “E” for east, “SW” for southwest, etc., the entry shall be accepted.
c.	If the signer gave a post office box for the address, the entry shall be rejected.
17.3.7	Incomplete information.  If the line of the petition is incomplete, with at least one piece of information omitted, the entry shall be rejected.
17.3.8	Date of signing.
a.	If a signature is placed on the petition prior to the final approval of the petition format by the designated election official, the entry shall be rejected.
b.	If the signer was not an eligible elector in the political subdivision at the time of signing, the entry shall be rejected.
c.	If a signature is placed on the petition after the date on the circulator’s affidavit, the entry shall be rejected.
17.3.9	Assistance to signer.  If assistance appears to have been given to the signer and a statement of assistance does not accompany the signature or mark explaining the variance in the script, the entry shall be rejected.
17.3.10	Illegible signature.  If the signature and printed name are illegible so that the voter record cannot be verified, the entry shall be rejected.
17.3.11	Duplicate signature.  If the elector has previously signed the same petition, the first valid entry shall be counted and all other entries shall be rejected.
17.3.12	Where an elector may sign more than one petition, the first signature(s) filed up to the maximum allowed, shall be the ones that are counted.
17.4	Final Tally. After all of the sections have been checked, a final tally of all valid signatures shall be prepared and the statement of sufficiency or insufficiency issued.

Rule 18 is amended as follows:
Rule 18.  Rules Concerning Statement of Sufficiency for Petitions
18.1	Within the time required by statute, the designated election official shall issue a statement of sufficiency or insufficiency.
18.2	The statement shall contain the name of the petition, the proponents, and the date the petition was submitted for verification.
18.3	The statement shall indicate the total number of entries, the total number of entries accepted, and the total number of entries rejected.
18.4	The statement shall indicate whether an insufficient number of entries were submitted, the number of presumed valid signatures if a random sample was conducted, and the number of valid signatures counted if every entry was counted.
18.5	Records: The designated election official shall assure that a record of all signatures rejected and the reasons for each rejection be maintained as public records.

Rule 20 is amended as follows:
Rule 20.  Rules Concerning Protests
20.1	A protest shall specifically state the reasons for the challenge to the determination of sufficiency or insufficiency.
	20.1.1	A protest that alleges specific statutes or rules were improperly applied shall clearly state the specific requirements that were improperly applied.
	20.1.2	A protest that alleges that entries were improperly accepted or rejected shall clearly identify the specific individual entries at issue and the reason the entries were improperly accepted or rejected.
20.2	The protest shall be deemed insufficient for each entry or class of entries challenged where the individual entry is not listed or the reason for the challenge is not given.
20.3	Where a petition verified by random sample is protested, proponents and opponents may protest the process by which the numbers used in the calculations were generated.

Rule 22 would be repealed as follows:
Rule 22.  Rules Concerning Checking Candidate and Issue Petitions - Repealed
Subsequent rules are not renumbered

Rule 23.4.3(g) is amended as follows:
 (g)	A final page that contains the circulator’s affidavit required by section 1‑40‑111 (2), C.R.S.

Rule 25 is amended as follows:
Rule 25.  Rules Concerning Uniformed and Overseas Citizens’ Absentee Voting Act (“UOCAVA”)
25.1	UOCAVA Fax Ballot Rules:
25.1.1	U.S. citizens who are absent from the state and who are members of the Uniformed Services as defined as the U.S. Armed Forces (Army, Navy, Marines, Air Force and Coast Guard), Merchant Marine, and their spouses or dependants, resident overseas electors, or nonresident overseas electors who are otherwise qualified to apply for and vote by mail-in ballot, (“UOCAVA citizens”), may request a mail-in ballot by facsimile transmission.
25.1.2	A designated election official may send and receive mail-in ballot applications by facsimile transmission, send blank ballots and accept voted ballots by facsimile transmission from eligible electors who are UOCAVA citizens absent from the state and who are otherwise qualified to vote by mail-in ballot.
25.1.3	The office of each county clerk and recorder shall have a dedicated fax machine located in their office in order to send and receive faxed ballots to and from UOCAVA citizens in accordance with the Help America Vote Act of 2002 and this Rule 25.
25.1.4	On the faxed application, the elector shall provide the fax number, including the international country code and local area, province or city code (if applicable), where the ballot shall be faxed.
25.1.5	A mail-in ballot that is completed and returned by the elector via facsimile transmission must contain the elector’s printed name, signature, date of birth, and the following statement: “I am a member of the Uniformed Services, a member of the Merchant Marine, spouse/dependant of a Uniformed Services Member or Merchant Marine, resident overseas elector or a nonresident overseas elector and am qualified to apply for and vote by mail-in ballot.  I also understand that by faxing my voted ballot, I am voluntarily waiving my right to a secret ballot.”
25.2	Limited Electronic Mail Ballot Rules
25.2.1	A uniformed services elector serving outside the United States may receive and return an application for, or a mail-in ballot by electronic mail in circumstances where a mail ballot or fax ballot is not available or feasible.
(a)	An application for an electronic mail ballot must be received no later than close of business the Friday immediately preceding the election
(b)	An email request for a replacement ballot must be received by 5:00 p.m. Mountain Time on election day.
25.2.2	Upon receipt and verification of an application, the designated election official shall authorize the transmission of a blank ballot containing all contests and questions for which the elector is eligible to vote.
(a)	The designated election official shall fax the election materials, which shall include a blank ballot and voter instructions (including the elector affidavit) to the Federal Voting Assistance Program (FVAP) Electronic Transmission Service (ETS).  The designated election official shall not send the voting materials directly to the elector by electronic mail.  Or,
(b)	The designated election official may store the ballot electronically with ETS using the procedures outlined in the FVAP ETS Guide, and authorize the transmission of the blank ballot and instructions (including the elector affidavit) to the elector by faxing a completed electronic transmission coversheet to ETS.
25.2.3	The electronic package transmitted to ETS shall contain:
(a)	A completed electronic transmission coversheet;
(b)	The blank ballot, if not stored with ETS, with voting instructions (including the elector affidavit); and
(c)	The contact information for the designated election official including: name, title, mailing address, email address, phone, and fax number.
25.2.4	A ballot that is completed and returned by the elector via electronic mail must contain the elector’s printed name, signature, date of birth, and the following statement: “I am a member of the Uniformed Services and am qualified to apply for and vote by mail-in ballot.  I also understand that by transmitting my voted ballot by electronic mail, I am voluntarily waiving my right to a secret ballot.”
25.2.5	To return a voted ballot and affidavit by electronic mail, the elector must have access to the technology to scan the documents, save the documents in a secure format, and return the documents as an electronic mail attachment.
25.2.6	Upon receipt of the voted ballot, the designated election official shall verify the elector’s signature pursuant to section 1-8-114.5, C.R.S. and Rule 29.  Upon verification of the elector’s signature, the ballot shall be duplicated pursuant to 1-8-103.5(2) C.R.S. and processed.
25.3	Overall UOCAVA Requirements
25.3.1	If the designated election official has mailed a Clarification for Voter Status Memorandum to an elector in response to receiving a mail-in ballot request and has not received a response to the memo at the time the mail-in ballot packet is prepared, the designated election official shall mail the elector a full ballot for which the elector, as a resident, would be eligible to vote (federal, state, local offices and questions).
25.3.2	Mail-in ballots sent by ETS or facsimile transmission shall be in text format on 8 ½” x 11” white paper to increase the readability of the ballot and to avoid possible misinterpretations of the elector’s intended choice because of poor transmission of the document.
25.3.3	Instructions sent by ETS or faxed to the elector with the blank ballot shall be in text format on 8 ½” x 11” white paper and shall include the following information:
(a)	The dedicated fax number or email address for ETS to which the voted ballot shall be returned (if applicable);
(b)	The total number of pages transmitted;
(c)	The total number of ballot pages;
(d)	The telephone number or e-mail address where the eligible elector may send questions regarding the ballot;
(e)	A notice that the ballot shall not be duplicated for any other elector;
(f)	A notice that once the ballot is returned by an elector, it will be counted pursuant to section 1-8-116(4), C.R.S.; however, if an elector requests a replacement ballot, the first ballot returned will be counted pursuant to section 1-8-111(3), C.R.S.;
(g)	A notice that the voted ballot must be received by the clerk and recorder or Secretary of State no later than 7:00 p.m. Mountain Time on election day;
(h)	A request for an e-mail address to which a confirmation notice of receipt of the ballot may be sent at the discretion of the county clerk and recorder; and 
(i)	Any other information deemed necessary by the Secretary of State or the designated election official.
25.3.4	The designated election official shall fax a blank ballot with the instructions to the fax number provided by the elector, or to ETS (if applicable).  If the transmission is unsuccessful, the designated election official shall attempt to fax the ballot at least two more times.
25.3.5	Mail-in ballot applications returned via facsimile transmission or electronic mail by the elector to the county clerk and recorder or the Secretary of State via ETS shall be received in the clerk and recorder’s office or the Secretary of State’s office no later than the close of business on the Friday immediately preceding the election.
25.3.6	Any voted ballot by a Uniformed Services elector or an overseas elector received by the office of the Secretary of State by 7:00 p.m. Mountain Time on election day shall be forwarded to the appropriate county clerk and recorder by overnight mail, fax, or courier no later than the next business day.  The office of the Secretary of State shall immediately notify the appropriate county clerk and recorder of the receipt and forwarding of the ballot.
25.3.6.1	If a county is notified by the Secretary of State by 7:00 p.m. on election day that a mail-in ballot has been received by the office of the Secretary of State, the clerk and recorder shall retain a minimum of ten (10) voted ballots, which shall be counted with the ballot received by the Secretary of State to ensure voter secrecy.
25.3.7	Any ballot transmitted to an elector by ETS or facsimile shall contain a unique identification number for tracking and auditing purposes.
25.3.8	A log shall be kept by the designated election official of each ballot transmitted to an elector by ETS or facsimile indicating:
(a)	The name of the elector;
(b)	The fax number to which the ballot was sent, or email address (if applicable);
(c)	The unique identification number of the ballot;
(d)	The date the ballot and instructions were transmitted; and
(e)	The initials of the employee of the designated election official transmitting the ballot.
25.3.8.1	The electronic transmission log as well as any other ETS or fax records shall be maintained as part of the official election record.
25.3.9	The county clerk and recorder shall report to the Secretary of State’s office no later than sixty (60) days from the date of the election:
(a)	The combined number of mail-in ballots transmitted (faxed, mailed, and transmitted via ETS)
(b)	The combined number of mail-in ballots that were returned (faxed, mailed, and transmitted via ETS );
(c)	The total number of mail-in ballots that were counted (faxed, mailed, and transmitted via ETS).

Rules 26.1.3 and 26.1.4 are amended as follows:
26.1.3	An elector who has requested a mail-in ballot shall be permitted to cast a provisional ballot upon his or her declaration that they have not and will not cast any vote in the election other than by that provisional ballot.
26.1.4	Provisional ballots for voters who have requested mail-in ballots shall be separated from other provisional ballots and shall not be counted until all mail-in ballots cast in the election have been counted.

Rule 26.2.3 is amended as follows:
26.2.3	If an elector whose name is not in the registration records, appears in person at the county clerk and recorder’s office and states that he or she has timely registered through a Voter Registration Drive (“VRD”) pursuant to section 1-2-504, C.R.S., can affirm to the location of, and approximate date he or she completed the application with the VRD or provide an application receipt, and provides an ID as defined in section 1-1-104(19.5), C.R.S., the elector shall be offered emergency registration and be offered a regular ballot.

Rule 26.4.3 is amended as follows:
26.4.3	When the designated election official has received both a mail-in ballot and a provisional ballot from an elector, but there is a discrepancy between the signature on the returned mail-in ballot envelope and the voter’s signature on file with the county clerk and recorder, the discrepancy must be resolved. Before the provisional ballot may be counted, the elector must affirm that the signature on the mail-in ballot envelope is not his or her signature.  Section 1‑8.5-105(4) and (5), C.R.S.  

Rules 26.5.3 and 26.5.4 are amended as follows:
26.5.3	Acceptance Codes (Any provisional ballot given an acceptance code shall have all races counted unless otherwise indicated. 
AOK	Reviewed and confirmed voter’s eligibility.
ADB	Election official is knowledgeable that the elector was erroneously sent to the wrong precinct or erroneously given the wrong ballot style in the elector’s correct precinct.  Voted ballot will be duplicated and only races and issues for which the elector is qualified to vote shall be counted. 
AEJ	Election judge who was appointed after close of early and mail-in voting and is working outside his or her precinct; judge shall vote on a ballot in the precinct in which he or she is working; voted ballot will be duplicated so that only the races and issues for which the judge is qualified to vote shall be counted. 
AAB	Voter appeared in person and affirmed under oath that he or she applied for a mail-in ballot but he or she has not and will not cast the mail-in ballot.  The designated election official shall determine that voter did not previously cast a mail-in ballot for that election pursuant to Rule 26.
ACP	Voter moved from the county in which the voter was registered to another county in the state not less than thirty days before the election and voted in the correct precinct in the new county of residence. The voter’s address will be updated.  Section 1-8.5-107(2)(a), C.R.S.
AFS	Voter is registered in the county but is voting in the wrong precinct or the voter moved from the county in which the voter was registered to another county in the state less than thirty days before the election. Only the votes for federal and statewide offices and statewide ballot issues and questions upon which the voter may vote shall be counted.  Section 1-8.5-108(2), C.R.S.
AVD	Voter registered through a voter registration drive and the application receipt was surrendered to the election judge, or the elector affirmed as to the approximate date and location of the registration with the voter registration drive in accordance with section 1-2-217.5(2), C.R.S. 
AAG	Voter registered through an agency and application receipt was surrendered to election judge, or the elector affirmed as to the date, name and location of the registration with the agency in accordance with section 1-2-217.5(2), C.R.S. 
ARD	Voter had deficient or incomplete registration.  The required information was provided by voter on the provisional ballot envelope.  Voter’s registration will be amended and registration will be complete.  Section 1-2-509(3), C.R.S.
26.5.4	Rejection Codes (Any ballot given a rejection code shall not be counted):
RFS	(Rejection federal or state) No federal or state candidates or issues to duplicate.	
RNS	(Rejection not signed) Provisional Ballot Affidavit not signed.
RIN	(Rejection incomplete information provided) Required information is incomplete and the designated election official is unable to confirm voter’s eligibility.
RNR	(Rejection not registered) Voter did not register by the voter registration deadline or by emergency registration, Colorado voter registration record was not found, or voter was previously cancelled and has not been reinstated pursuant to section 1-2-605(10), C.R.S. 
REE	(Rejection envelope empty) Provisional ballot envelope is empty. 
RAB	(Rejection voter voted mail-in ballot) Designated election official has confirmed that voter voted a mail-in ballot.
REV	(Rejection based on ballot cast in early voting) Voter voted early.
RIP	(Rejection based on incorrect party) Incorrect Party in Primary Election.
RFE	(Rejection felon not eligible to vote) Individual was convicted of a felony and is either serving a sentence of confinement or detention or is on parole.
RWC	(Rejection elector not registered in county or State of Colorado) Non-county or non-state resident; therefore voter not eligible to vote in the county where the provisional ballot was voted.
RID	(Rejection first time voter has not supplied identification upon registration or thereafter prior to and during time voter voted) First Time Voter who registered by mail or through a voter registration drive, is tagged as id deficient, and did not provide id at the time of voting. 
RRD	(Rejection registration deficient) Voter had deficient or incomplete registration and required information was not provided prior to or at the time of filling in the provisional ballot envelope. Voter’s eligibility cannot be established.  Section 1-2-509(3), C.R.S.    

Rule 26.8 is amended as follows:
26.8	Pursuant to section 1-8.5-102(2), C.R.S., the provisional ballot affidavit shall contain the following language:  
I do solemnly affirm that I am a citizen of the United States, that I have attained the age of eighteen years, and that I have resided in the State of Colorado and in my present precinct at least thirty days before the election, or at my current residence address since the date I moved as shown above.  I further affirm that the address indicated in this affidavit is my sole legal residence and that I claim no other place as my legal residence.  I affirm that if I applied for a Mail-in Ballot I have not and will not cast the Mail-in Ballot that I requested.  I further affirm under penalty of law that I have not and will not cast any vote in this election except by the enclosed ballot, that I will not vote in any other precinct, county or state, and that my ballot is enclosed in accordance with the provisions of the “Uniform Election Code of 1992”, Article 1 to 13 of Title 1, C.R.S.

Rule 29.1 is amended as follows:
29.1	Missing Signature on Mail Ballot, Provisional Ballot or Mail-in Ballot Envelope
29.1.1	When the election judge reviews the mail ballot return envelope pursuant to section 1-7.5-107.3, C.R.S., or mail-in ballot return envelope pursuant to section 1-8-114.5, C.R.S., or the provisional ballot return envelope pursuant to section 1-8.5-105(3)(a), C.R.S., and notices that the envelope lacks a signature, the election judge shall contact the eligible elector in writing no later than two calendar days after election day.  A copy of the written notification shall be kept in an official file, which shall become part of the official election record.  Nothing in this rule shall be construed to prohibit the designated election official from calling the elector; however, a phone call shall not substitute for notification to the elector in writing.
29.1.2	The letter shall inform the eligible elector that they must come to the office of the county clerk and recorder to sign the mail ballot, provisional ballot, or mail-in ballot envelope no later than eight (8) calendar days after election day.

Rule 29.2 is amended as follows:
29.2	In accordance with section 1-8-114.5, C.R.S., for mail-in ballots and section 1‑7.5‑107.3, C.R.S., for mail ballots, the election judges shall compare the signature on the self-affirmation on each respective “Return Envelope” with the signature on file with the county clerk and recorder or election official.  Signatures shall require further research if any of the following discrepancies are discovered:
Code 1 – An obvious change in the slant of the signature
Code 2 – A printed signature on one document and a cursive signature on the other document
Code 3 – Differences in the size or scale of the signature
Code 4 – Differences in the individual characteristics of the signatures, such as how the “t’s” are crossed, “I’s” are dotted, loops are made on “Y’s” or “J’s”
Code 5 – Differences in the voter’s signature style, such as how the letters are connected at the top and bottom
Code 6 – Ballots or envelopes from the same household have been switched
Code 7 – ‘Other,’ including misspelled names & description of discrepancy

Rule 29.3.1 is amended as follows:
29.3.1	If it appears to the judges verifying the self-affirmation on the return envelopes that members of the same household who have applied for mail-in ballots or have been sent mail ballots have inadvertently switched envelopes or ballots, the ballot or ballots shall be counted and no letter of advisement to the elector is necessary.

Rule 29.7 is amended as follows:
29.7	 If both sets of election judges agree that the signatures do not match, the county clerk and recorder shall within two days after the election, send a letter to the eligible elector at the address indicated in the registration records and the address where the mail-in ballot or mail ballot was mailed explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. (sections 1-7.5-107.3(2)(a) and 1-8-114.5(2)(a), C.R.S.).  The voted ballot itself should not under any circumstances be returned with this letter.

Rules 30.1.3 and 30.1.4 are amended as follows:
30.1.3	As referenced in these rules, “tagging a voter” for ID before voting means identifying a voter in the voter registration database as one who registered by mail and did not supply required identification. Tagged voters require a copy of the required identification to be enclosed with a mail-in or mail ballot.
30.1.4	A tagged voter may present the required voter ID or a number which is subsequently verified to the county clerk and recorder at any time prior to returning a voted mail or mail-in ballot to satisfy the provisions of Rule 30.1.3.

Rule 30.1.6 is amended as follows:
30.1.6	“ID” as used in these rules shall mean identification as defined in compliance with section 1-1-104(19.5), C.R.S., as a copy of one of the following: 
●	A valid Colorado driver’s license;
●	A valid identification card issued by the Department of Revenue in accordance with the requirements of Part 3 of Article 2 of Title 42, C.R.S.;
●	A valid U.S. passport;
●	A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;
●	A valid pilot’s license issued by the federal aviation administration or other authorized agency of the United States;
●		A valid U.S. military identification card with a photograph of the eligible elector;
●		A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. (A cable bill, a telephone bill, documentation from a public institution of higher education in Colorado containing at least the name, date of birth, and legal residence address of the student elector, a paycheck from a government institution, or a Certificate of Degree of Indian or Alaskan Native Blood are sufficient forms of identification);
●		A valid Medicare or Medicaid card issued by the United States Health Care Financing Administration; 
●		A certified copy of a U.S. birth certificate for the elector issued in the United States; 
●		Certified documentation of naturalization; or
●		A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.

Rule 30.2.1 is amended as follows:
30.2.1	Registering in Person.  The elector must provide:
●	A valid Colorado Driver’s License number;  
●	if the voter does not have a valid Colorado Driver’s License, the voter shall provide the number of the voter’s current and valid identification card issued by the Colorado Department of Revenue.
●	If the voter has not been issued a valid Colorado Driver’s License or ID card issued by the Department of Revenue, then the voter shall provide at least the four last digits of the voter’s social security number.
	Authority:  Section 1-2-204(2)(f.5), C.R.S.

Rule 30.3.3 is amended as follows:
30.3.3	If, for a registration by mail, a copy of an ID is enclosed per section 1‑1‑104(19.5), C.R.S., no further verification against the Department of Motor Vehicle Motor/Voter Database, the Secretary of State voter registration database or  the Social Security database is required.  The voter shall not be tagged and shall be allowed to vote by mail or mail-in ballot without submitting additional identification requirements.  	

Rule 30.5.2 is amended as follows:
30.5.2	A voter who registers by mail and provides a copy of an acceptable ID as provided in section 1-1-104(19.5), C.R.S., shall not be tagged.  A social security card is not listed as ID in section 1-1-104(19.5),C.R.S.

Rule 30.5.4 is amended as follows:
30.5.4	A voter, who registers by mail and does not supply a copy of an acceptable ID as provided in 1-1-104(19.5), C.R.S., and does not list his/her driver’s license number, Colorado Department of Revenue ID number or social security number, shall not be registered.

Rule 30.5.6 is amended as follows:
30.5.6	The tag status for a voter shall be removed if the voter votes in person showing an acceptable ID or votes by mail and encloses a valid ID.

Rule 30.6 is amended as follows:
30.6	If a voter registering by mail does not provide a Colorado Driver’s License number, Colorado identification card number or the last four digits of the   voter’s social security number on the voter registration application, and the county clerk and recorder discovers such identification number, the clerk and recorder may enter the applicable identification number on the voter’s permanent voter registration record.  Any number entered on the voter’s permanent voter registration record by the clerk and recorder does not remove the tag status of a voter.  Such voter is still required to provide valid identification prior to voting in person, by mail ballot or by mail-in ballot.

Rule 30.12.1 is amended as follows:
30.12.1  	Voting By Mail (Including Mail-in Ballot)
(a)	The acceptable forms of ID for voting by mail for first time voters are listed in Rule 30.1.6.
(b)	A Social Security Number (or last four digits) is NOT a legal form of ID for voting by mail.

Rule 30.13 is amended as follows:
30.13	Identification presented by the voter when registering to vote by mail, or presented by the voter when returning the voted mail ballot or mail-in ballot, is not required to be scanned or imaged into the permanent voter registration database, but shall be retained by the designated election official for a period of 25 months after the date of the election.

Rule 30.15 is amended as follows:
30.15	If a tagged voter requests a mail-in ballot, the local election official shall send such ballot with written instructions advising the voter of the requisite forms of identification needed to be provided with the mail-in ballot.  The local election official shall send the mail-in ballot by the deadline set forth in section 1-8-104(3), C.R.S.  If a mail-in ballot is returned without ID as defined in Rule 30.1.6, then the ballot shall be treated as a provisional ballot and verified pursuant to Rule 26.4.

Rule 37.1.3 is amended as follows:
37.1.3		Counties of the State of Colorado that use a paper ballot voting system or a central count voting system (including mail-in ballots and mail ballots), may meet the requirements of this rule by:

Rule 40.3.1 is amended as follows:
40.3.1	The certification program shall include core requirements.  All training outlined herein shall be provided under the direction of the Secretary of State.  Persons applying for certification shall complete at least eight core classes.  The core classes shall generally include but are not limited to:
(a)	The basic conduct of elections
(b)	Testing and maintenance of voting equipment
(c)	Canvass procedures
(d)	Mail-in voting
(e)	Pollworker training and recruiting
(f)	SCORE training
(g)	Ethics 
(h)	Accessibility for people with disabilities
(i) 	Provisional Voting

Rule 41.2.2 is amended as follows:
441.2.2	The designated election official shall keep and reconcile daily logs of mail-in, mail and early voting ballots.  

Rule 41.5.1 is amended as follows:
41.5.1	In order for the canvass board established pursuant to section 1-10-101, C.R.S., to perform its duties, pursuant to section 1-10-101.5, C.R.S., the designated election official shall provide the following information:
(a)	The name of each candidate receiving votes, the office, and the total number of votes received;
(b)	The number/letter of each ballot issue or question and the votes received;
(c)	The number of voters who voted early;
(d)	The number of mail-in or mail ballots cast, including the number accepted and rejected;
(e)	The number of provisional ballots counted.

Rule 41.6.3 is amended as follows:
41.6.3	The official abstract shall include, by precinct/ballot style or vote center, where applicable:
(a)	The statement of votes counted by race and ballot question or issue;
(b)	The total active registered electors in the precinct and the total for the jurisdiction holding the election;
(c)	The total number of electors voting in each precinct, and the total for the jurisdiction holding the election;
(d)	The number of voters who voted early;
(e)	The number of emergency registrations;
(f)	The number of mail-in or mail ballots counted and the number rejected;
(g)	The number of provisional ballots counted and the number rejected listed by each rejection code pursuant to Rule 26.5.4; and
(h)	The number of damaged and spoiled ballots.

Rule 41.9.1 is amended as follows:
	41.9.1	After the canvass process is completed, the designated election official shall give credit to each voter who votes by mail, at an early voting site, or at a polling location.

Rules 42.1 is amended as follows:
42.1	Pursuant to section 1-8-115, C.R.S., the designated election official may use means of electronic transfer to provide a mail-in ballot to the eligible elector for an administrative or medical emergency following the procedures outlined in section 1-8-115 C.R.S., and this rule. 

Rules 42.3, 42.4, 42.5, and 42.6 are amended as follows:
42.3	If a mail-in ballot is delivered to an elector by facsimile transmission, the elector may return the ballot by facsimile transmission. 
42.4	Mail-in ballots sent by facsimile transmission shall include all races, ballot issues, and questions on which the elector may vote.  Counties are encouraged to work with their vendors to develop a ballot that is clearly legible to the elector to increase the readability of the ballot and to avoid possible misinterpretations of the elector’s intended choice because of poor transmission of the document.
42.5	Instructions faxed to the elector with the ballot shall include the following information:
(a)	The name of the elector;
(b)	The recipient’s fax number;
(c)	The total number of pages to be transmitted;
(d)	The total number of ballot pages;
(e)	The telephone number or e-mail address where the eligible elector may send questions regarding the ballot;
(f)	A notice that the recipient shall not duplicate the ballot for any other voter;
(g)	The fax number where the eligible elector may return their completed ballot.
(h)	Return address information for the designated election official and instructions to mark, “official ballot enclosed” on the elector’s return envelope;
(i)	A notice that the ballot must be received by the designated election official by mail, hand delivery or received by fax no later than 7:00 p.m. Mountain Standard Time on election day; and
(j)	Instructions for returning the medical/administrative emergency form.
(k) A notice that the ballot will not be a confidential ballot.
42.6	The transmission shall also include a mail-in ballot self-affirmation pursuant to 1-8-114 (1) C. R. S.

Rules 42.10 and 42.11 are amended as follows:
42.10	Medical Emergency
42.10.1 For purposes of section 1-8-115(1)(a), C.R.S., “second degree” is defined as spouse, parents, children, brothers and sisters, grandparents, and grandchildren related by blood or marriage.
42.10.2	For the purposes of section 1-8-115(1)(a), C.R.S., the “last day to apply for a mail-in ballot” is defined as the last day to apply for a ballot by mail in accordance with section 1-8-104(3), C.R.S.
42.11	Administrative Emergency.  If the designated election official is unable to provide a mail-in ballot to an elector by any other means, the designated election official shall seek authority from the Secretary of State to provide a mail-in ballot to the elector pursuant to section 1-8-115(4), C.R.S., using fax transmission.
42.11.1	This Rule 42.11 shall apply only to eligible electors who are properly registered and have timely filed a mail-in ballot application.
42.11.2 	The Secretary of State shall designate a point of contact for each election for Emergency Electronic Transfer Requests no later than twenty-one (21) days prior to an election.  The Secretary of State shall notify the counties by e-mail who the designated point of contact shall be, and post the contact information for the designated point of contact on the Secretary of State’s website.
42.11.3 	The designated election official shall submit the request in writing from the Secretary of State using the Emergency Electronic Transfer form.  E-mail is the preferred method of communication.  If possible, the designated election official shall attempt to consolidate requests to the Secretary of State.
42.11.4 	The form for requesting an emergency electronic transfer shall be posted on the Secretary of State’s website.  The form must contain the following information:
(a)	Contact information, including name, address, phone number, fax number, and e-mail address for the designated election official or their designee;
(b)	Date and time of request sent by designated election official;
(c)	Confirmation e-mail to designated election official by Secretary of State upon receipt of request
(d)	Justification as to why the ballot(s) need to be sent by fax, which includes the following required information:
	(1)	The elector’s name;
	(2)	When the elector applied for the mail-in ballot;
(3)	The date when the designated election official sent the mail-in ballot to the elector (if applicable);
(4)	The date the elector contacted the designated election official with information regarding failure to receive the ballot; 
(5)	A suggested timeframe for the Secretary of State to respond;
(6)	The quantity of ballots to be sent by fax; and
(7)	Approval or disapproval by the Secretary of State; if denied, reason for the denial.
(e)	Confirmation e-mail from the designated election official to Secretary of State upon receipt of approval or disapproval.

Rule 42.2 is amended as follows:
42.12	Timeliness of filing applications for emergency mail-in ballots
42.12.1	Requests for emergency mail-in ballots issued for medical reasons pursuant to Section 1-8-115 (1)(a) must be received by the designated election official no later than 5:00 p.m. on the day of election.
42.12.2	Requests for emergency mail-in ballots issued for administrative reasons pursuant to Section 1-8-115 (2) must be received by the designated election official no later than 7:00 P.M. on the day of the election.
42.12.3	Requests for emergency mail-in ballots shall not be processed if the request is received after the required deadline.

Rule 43.8.3.3(a) and (b) are amended as follows:
43.8.3.3	The requirements for an employee to be given access to a code, combination, password, or encryption key are as follows:
a. 	Access to the code, combination, password, or encryption key for the storage area for voting equipment and the mail-in ballot counting areas shall be restricted to employees as defined in Rule 43.1.4.
b.	Access to the code, combination, password, or encryption key for the mail-in ballot storage area and counting room or tabulation workstations shall be restricted to ten (10) employees as defined in Rule 43.1.4.

Rule 43.8.5.1(a)(ii) is amended as follows:
ii.	All areas used for processing mail-in ballots, including but not limited to areas used for Signature Verification, tabulation, or storage of voted ballots beginning at least thirty-five (35) days prior to the election and continuing through at least thirty (30) days after the election, unless there is a recount or contest.  If a recount or contest occurs, the recording shall continue through the conclusion of all such activity.

Rule 43.8.8.2 is amended as follows:
43.8.8.2	In the event of a serious or catastrophic equipment failure or equipment being removed from service at one or more polling locations, or there is not adequate backup equipment to meet the requirements of Section 1-5-501, C.R.S., the county clerk and recorder shall contact the Secretary of State for authorization to use provisional ballots or mail-in ballots as an emergency voting method.

Rule 44.2.4 is amended as follows:
	44.2.4	After completing the training, the organizer shall sign an Acknowledgement that the training has been completed and that he or she has been duly informed of rules, laws and penalties relating to voter registration drives.  

Rule 45.1.8 is amended as follows:
45.1.8	“EAC” means the United States Election Assistance Commission.

Rule 45.1.12 is amended as follows:
45.1.12 “Remote site” means any physical location identified by a Designated Election Official as a location where the jurisdiction shall be conducting the casting of ballots for a given election.  A remote site includes locations such as precinct polling places, vote centers, early voting, mail-in ballot counting, etc.

New Rule 45.2.3 is adopted as follows:
45.2.3   Documents Incorporated by Reference
45.2.3.1      All documents incorporated by reference in this Rule 45 do not include any later amendments or editions of the document.
45.2.3.2      All documents incorporated by reference in this Rule 45 may be viewed on the “Voting Systems” page of the “Elections Center” on the Secretary of State website at www.sos.state.co.us, or by contacting the Secretary of State Voting Systems Specialist /1700 Broadway – Suite 270/Denver, CO  80290. 

Rule 45.5.2.1.3 is amended as follows:
45.5.2.1.3	The voting system shall accurately integrate election day voting results with mail-in, early voting and provisional ballot results.

Rule 45.5.2.4.3 is amended as follows:
45.5.2.4.3	All voting system providers submitting a voting system for certification after March 31, 2008, shall, prior to applying for certification, have completed and provided documentation of an independent analysis of the system coordinated through the Secretary of State’s office.  The independent analysis shall include:

Rule 45.5.2.6.1(c) is amended as follows:
 (c)	All voting systems submitted for certification after March 31, 2008, shall meet the following requirements for database security:

Rule 45.5.2.6.1(d)(i) is amended as follows:
(i)	All voting systems being submitted for certification after March 31, 2008 shall have all operating systems hardened to NSA guidelines for operating systems as follows:
a.	Apple Mac OS X systems shall be hardened to the NSA Apple Mac OS X v10.3.x “Panther” Security Configuration Guide Version 1.1;

Rule 45.5.2.6.1(d)(iii) is amended as follows:
 (iii)	If the manufacturer has not established  requirements for the specifically designed system, all voting systems being submitted for certification after March 31, 2008 shall have all operating systems hardened to the voting system providers’ specifications;

Rule 45.5.2.6.1(e)(viii) is amended as follows:
(viii)	All voting systems submitted for certification after March 31, 2008 shall have all components of voting system capable of supporting passwords of a minimum of 8 characters, which shall be capable of including numeric, alpha and special characters in upper case or lower case used in any combination.

Rule 45.5.2.6.1(f) and 45.5.2.6.1(f)(ii) are amended as follows:
(f)	All voting system software submitted for certification after March 31, 2008 shall be in compliance with known software coding standards applicable to the base language of the application.  The voting system shall meet the following minimum requirements for software security:

Rule 45.5.2.6.1(f)(ii) is amended as follows:
 (ii)	All voting systems submitted for certification after March 31, 2008 shall have application software designed in a modular fashion.  COTS software is not required to be inspected for compliance with this requirement. For the purpose of this requirement, “modules” may be compiled or interpreted independently. Modules may also be nested. The modularity rules described here apply to the component sub-modules of a library. The principle to be followed is that the module contains all the elements to compile or interpret successfully and has limited access to data in other modules. The design concept is simple replacement with another module whose interfaces match the original module. All modules shall be designed in accordance with the following requirements for systems submitted for certification after March 31, 2008:

Rule 45.5.2.6.1(k) is amended as follows:
k. 	All voting systems submitted for certification after March 31, 2008 shall meet the following minimum requirements for removable storage media with data controls:

Rule 45.5.2.8.1(e) is amended as follows:
 (e)	Voting systems shall include at least the ability to activate and navigate by means of push buttons, dials, wheels, keypads, and/or touch screens.  All voting systems submitted for certification after March 31, 2008 shall also include any form of either switches, sip and puff devices, or additional blink control devices; and

Rule 45.5.2.9.17 is amended as follows:
45.5.2.9.17	All voting systems submitted for certification after March 31, 2008 shall stop the V-VPAT printer of all forward operations of the DRE if the printer is not working due to paper jams, out of supply of consumables, or other issue which may cause the correct readable printing of information on the V-VPAT record as designed.

Rule 45.6.1.2(f) is amended as follows:
(f)	Programming election media devices for various count methods:
(i)	Mail-in Ballots;
(ii)	Early Voting;
(iii)	Precinct/Poll Place;
(iv)	Provisional; and
(v)	Vote Center.

Rule 45.6.2.3.6 is amended as follows:
 45.6.2.3.6	The voting system provider is required to produce ballots in quantities identified below for each of the elections.  Enough ballots need to be created to conduct the testing of the voting system as defined in this rule.  One complete set of ballots will be tested in each of the applicable counter types (or groups) indicated below:
(a)	Poll Place or Vote Center - ballots are flat – no score marks;
(b)	Early Voting – ballots are flat – no score marks;
 (c)	Mail-in ballots – ballots are scored and folded to fit in standard Colorado Mail-in Ballot Envelopes; and
(d)	Provisional – ballots are flat- no score marks.

Rule 45.6.2.3.10 is amended as follows:
45.6.2.3.10	Ballots shall be cast and counted in all applicable counter types (or counter groups) as necessary based on the parts included in the voting system.  These are at a minimum:  Poll Place (or Vote Center), Mail-in, Provisional, and Early Voting.  Ballots may be run through components 10 or more times depending on components and counter group being tested to achieve a minimum number of ballots cast as follows for each group:
(a)	Polling Place / OS		=	 1,500;
(b) 	Polling Place / DRE	=	    500;
(c)	Vote Center/ OS 		=	 5,000;
(d)	Vote Center / DRE	=	    500
(e)	Early Voting / OS		=	 5,000;
(f)	Early Voting / DRE	=	    250;
(g) 	Mail-in		=	10,000; and
(h) 	Provisional 		=	  5,000.

Rule 46 is repealed as follows:
Rule 46.  Rules Concerning Vacancies in Nomination - Repealed
Subsequent rules are be renumbered