COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

Adopted December 8th, 2009 
[Clean]

Rule 2.19 is amended as follows:
2.19	Confirmation card   
2.19.1	“Confirmation card” means a mailing by forwardable mail that includes a registration form so that the voter may update his or her registration or request a mail-in ballot.  The mailing shall be postage prepaid and have a returnable portion that is preaddressed to the sending county clerk and recorder.
2.19.2	In accordance with section 1-1-109(1), C.R.S., the Secretary of State shall consider best practices and usability in the design of the confirmation card in order to minimize voter confusion.
New Rules 2.21, 2.22, and 2.23 are adopted as follows:
2.21	Minimum matching criteria
2.21.1	A record may not be transferred, consolidated, or cancelled unless the minimum matching criteria as set forth in sections 1-2-603 and 1-2-604, C.R.S., are met.  If the minimum matching criteria are not met the county may send a letter to the voter requesting confirmation of the missing or non-matching information in order to transfer, consolidate, or cancel the record.
2.21.2	For the purpose of sections 1-2-603 and 1-2-604, C.R.S., and this Rule a match of the name shall mean a match of the full name, except that the following shall be sufficient to establish a match:
(a)	Common variations and nicknames in the first or middle name, i.e. Michael and Mike;
(b)	Explainable and documented change of name, including last name, i.e. maiden name and married name; and
(c)	Explainable and documented variations in suffix, except that the absence of a suffix in one of the records shall not be considered a variation.  Examples of suffix variations that must be explained include junior in one record and III in another.
2.21.3	For the purpose of sections 1-2-603 and 1-2-604, C.R.S., and this Rule a match of the prior address shall mean a match of the residential street address.  
2.21.4	The county clerk and recorder may use the DMV Motor Voter database to verify prior name or residence address history for the purpose of meeting the minimum matching criteria.  The information gathered must be scanned and retained in the elector’s record in order to document how the criteria was met.
2.22	Effective January 1, 2012, no county may consolidate or cancel duplicate records in accordance with section 1-2-604, C.R.S., within the period beginning 90 days prior to a Primary or General Election.  
2.23	Until January 1, 2012, the county clerk and recorder shall mail a letter to any electors whose records are consolidated or whose duplicate record is cancelled in accordance with section 1-2-604, C.R.S., within the period beginning 90 days prior to a Primary or General Election.  The letter shall be sent to the address of the record cancelled or consolidated, it shall advise the elector of the consolidation or cancellation, and it shall inform the elector how he or she may correct any errors.  This rule is repealed effective January 1, 2012.
Rules 12.3 through 12.9 are amended as follows:
12.3	Notice of elections.
12.3.1	Call and notice.
(a)	Notice of the election is to be sent to the clerk and recorder of the county in which the election is to be held.  The notice is to include the date by which the list of registered electors is to be submitted to the political subdivision.
(b)	For multi-county political subdivisions, the notice sent to each clerk and recorder shall also include the names of all other counties in which the election will be held.
12.3.2	Repealed.
12.3.3	For elections coordinated by the county clerk and recorder, a security plan shall be submitted in accordance with Rule 43 in addition to the mail ballot plan submitted in accordance with this Rule.
12.3.4	Prior to making a determination to conduct a Primary Election as a mail ballot election, a county clerk and recorder shall give public notice and seek public comment on such determination for a period of not less than ten business days in accordance with section 1-7.5-105(1.5)(b), C.R.S.  Such public comment shall be in the form of accepting written comment or conducting a public hearing or both.  All written comments received and audio recordings, where applicable, shall be retained as election records.  
12.3.5	Repealed. 
12.4	Mail Ballot Plans
12.4.1	Coordinated and non-partisan elections. 
(a)	Written plan.  As soon as possible, but no later than 65 days prior to a regular special district election and no later than 55 days prior to any other election, not including a Primary Election, a written plan must be submitted to the Secretary of State which includes the following:  
(1)	Date of the election;
(2)	Type and name of jurisdiction involved in the election;
(3)	Description of the type of election to be conducted;
(4)	Citation of the statute(s) or home rule charter provisions authorizing the election;
(5)	Estimated number of eligible electors;
(6)	Name of the designated election official who will be responsible for all aspects of the election;
(7)	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;
(8)	The address and hours of operation for all drop-off locations.  For security reasons, unmonitored freestanding drop-off locations located outside will not be allowed;
(9)	For elections coordinated by the county clerk and recorder, the total number of walk-in voting locations;
(10)	Number of accessible voting machines anticipated being used for walk-in voting locations in elections coordinated by the county clerk and recorder;
(11)	Length of time accessible voting machines will be available for walk-in voting in elections coordinated by the county clerk and recorder;
(12)	Written timetable for the conduct of the election in accordance with the statute;
(13)	Indication of how postage will be handled for ballot packets returned as undeliverable (e.g. “return postage guaranteed”);
(14)	Indication of procedures to be followed to ensure compliance with statutes and rules, including persons responsible for each stage;
(15)	Description of procedures to be used to ensure ballot security at all stages of the process;
(16)	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;
(17) 	Description of procedures to be used for signature verification;
(18)	Description of procedures to be used for ballots returned by electors who have not previously voted in Colorado and have failed to include proper proof of identification;
(19)	Description of procedures to ensure privacy by use of a secrecy sleeve or secrecy envelope so receiving judges cannot tell how the elector voted;
(20)	Description of procedures to be used to reconcile ballots issued, ballots received, defective ballots and substitute ballots; and
(21)	An actual sample of the secrecy sleeve or secrecy envelope to be used in the mail ballot election.
(22)	If the governing body is a home rule municipality, the written plan shall also include the following declaration:
		“Nothing in this plan reflects locally adopted mail ballot election procedures different from those set forth in the Colorado Mail Ballot Election Act, section 1-7.5-101, C.R.S., et. seq., as from time to time amended, and any regulations adopted pursuant thereto.”
		The Secretary of State shall not review the mail ballot plan of any home rule municipality that fails to include the above declaration.
 (b)	Deadlines and exceptions.
 (1)	Extension.  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 day filing extension if the plan is being submitted for a regular special district election that may be cancelled.
(i)	A request for such extension shall be submitted to the Secretary of State no later than two business days prior to the deadline for submitting the mail ballot plan.
(ii)	The request shall contain a brief statement of the reasons for such request.
(iii)	The Secretary of State shall notify the special district of the approval/disapproval of the request within one business day.
 (2)	Recall election.  If a non-partisan recall election is to be held as a mail ballot election, the governing body shall submit a written plan to the Secretary of State within three business days of calling the election.  The Secretary of State shall notify the governing body of the approval or disapproval of the plan within two business days.    
 (c)	Timetable.  The designated election official shall prepare a written timetable for conducting the mail ballot election for a coordinated or non-partisan election with the following specific dates or range of dates regarding each event listed below:
(1)	Date that a copy of the written plan was presented to the governing body;
(2)	Anticipated date of approval of election by the governing body;
(3)	Date of notice of election to the county clerk;
(4)	Date of notice of election to the county assessor, if property owners are eligible to vote in the election;
(5)	Date by which the county clerk and recorder must submit the list of eligible electors to the political subdivision and, if property owners are eligible to vote in the election, the date by which the county assessor must submit the list of property owners;
(6)	Date of close of registration;
(7)	Date ballots will be mailed;
(8)	Date of publication of notice of election, including information regarding walk-in voting and accessible voting options for elections conducted by the county clerk and recorder;
(9)	Date that ballots will be made available at the designated election official’s office;
(10)	Date verification and counting of ballots will begin; and
(11)	Date of the election.
12.4.2	Primary Elections conducted as a mail ballot election.  
(a)	Written plan.  Pursuant to Article 7.5 of Title 1, C.R.S., no later than 120 days prior to the election the county clerk and recorder must submit a written plan to the Secretary of State that includes the following:
(1)	Date of the election;
(2)	Type and name of the jurisdiction involved in the election;
(3)	Citation of the statute(s) or home rule charter provisions authorizing the election;
(4)	Estimated number of eligible electors;
(5)	The address and hours of operation for all drop-off locations;
(6)	The address and hours of operation for all service centers;
(7)	Description of the procedures that will be taken to ensure that each service center complies with the requirements set forth in section 1-7.5-107, C.R.S. including the number of accessible voting machines anticipated being used at each service center For security reasons, unmonitored freestanding drop-off locations located outside will not be allowed;;
(8)	Written timetable for the conduct of the election in accordance with statute;
(9)	Indication of how postage will be handled for ballot packets returned as undeliverable (e.g. “return postage guaranteed”);
(10)	Indication of procedures to be followed to ensure compliance with statutes and rules, including persons responsible for each stage;
(11)	Description of procedures to be used to ensure ballot security at all stages of the process;
(12)	Description of procedures for maintaining privacy and security of accessible voting machines to be used;
(13)	Description of procedures to be used for ballots returned by electors who have not previously voted in Colorado and have failed to include proper proof of identification;
(14)	description of procedures to ensure privacy by use of a secrecy sleeve or secrecy envelope so receiving judges cannot tell how the elector voted;
(15)	description of procedures to be used to reconcile ballots issued, ballots received, defective ballots and substitute ballots; and
(16)	an actual sample of the secrecy sleeve or secrecy envelope to be used in the mail ballot election.
(b)	Timetable.  The timetable for a Primary Election held as a mail ballot election shall include the following dates:
(1)	Date that the county gave public notice and began receiving public comments;
(2)	Anticipated date of approval of election by the governing body;
(3)	Date that the county clerk and recorder will mail a voter information card to all registered electors whose registration records have been marked “Inactive – failed to vote” in accordance with section 1-7.5-108.5(1), C.R.S.;
(4)	Date by which a county clerk and recorder must provide notice to the secretary of state in order to cancel the election;
(5)	Date that the county clerk and recorder will mail a notice by forwardable mail to each unaffiliated active registered eligible elector and to each unaffiliated registered eligible elector whose registration record has been marked as “Inactive – failed to vote;” in accordance with section 1-7.5-107(2.3)(a), C.R.S.;
(6)	Date that the ballots will be in the possession of the county clerk and recorder;
(7)	Date of the close of voter registration;
(8)	Date ballots will be mailed;
(9)	Date that ballots will be made available at the county clerk and recorder’s office;
(10)	Date of publication of notice of election, including information regarding accessible voting options for elections conducted by the county clerk and recorder;
(11)	Dates the drop-off locations will accept mail ballots delivered by electors;
(12)	Dates service centers will be open;
(13)	Date verification and counting of ballots will begin;
(14)	Date of the Primary Election.
(c)	Cancellation of the election.  If, pursuant to section 1-4-104.5, C.R.S., the county clerk and recorder cancels a Primary Election prior to the close of business on the 60th day before the Primary Election, the county clerk and recorder shall complete the cancellation of Primary Election form on the Secretary of State’s website and return such form to the Secretary of State within two business days.
12.4.3	Approval of mail ballot plans and submission of amendments
(a)	If the Secretary of State requests modifications to a plan prior to approval, the designated election official shall submit the modified plan within ten days from the request.  The secretary of state will approve or disapprove the modified plan within 15 days from the date it is received. 
(b)	A designated election official may amend a timely submitted mail ballot plan by submitting a written statement outlining the amendment(s) to the plan.  The amendment must state the specific section of the plan amended and the reason(s) for the amendment.  The secretary of state will approve or disapprove the amendment within 15 days from the date it is received.  If the amendment is received within 30 days before the election, the Secretary of State will approve or disapprove the amendment within two business days.
12.5	Ballots
12.5.1	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.  
12.5.2	For non-partisan elections where multiple ballots will be included in the same packet or will be sent in separate packets, the ballots and return envelopes shall include distinctive markings or colors to identify political subdivisions when the colors or distinctive markings will aid in the distribution and tabulation of the ballots.
12.5.3	The designated election official for each political subdivision for whom one or more county clerk and recorders are conducting the election shall assure that a complete list of eligible electors in their political subdivision is sent to each appropriate county clerk and recorder, unless otherwise provided in the intergovernmental agreement.  The political subdivision shall list each elector only once to assure that each elector receives one and only one ballot unless otherwise authorized.
12.5.4	For coordinated mail ballot elections, each county clerk and recorder may compare the lists submitted by the various political subdivisions to assure that each elector receives the appropriate ballot or ballots for the election.
12.5.5	For all coordinated elections where more than one mail ballot is being mailed or polling place elections are being held as well as the mail ballot election, the outgoing envelope as well as the instructions or other notice shall have the following notice:  “This may not be your only ballot. Other elections may be held by other political subdivisions by mail or by polling place.”
12.5.6	If the ballot is returned to the election official as undeliverable, the official shall not be required to re-mail the ballot packet.
12.5.7	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 did not provide the required ID upon registration.
12.5.8	The county clerk and recorder shall indicate on the list of registered voters requested by the designated election official those registered voters required to provide ID pursuant to section 1-7.5-107(3.5)(d), C.R.S, unless such registered voter either:
(a)	Submitted as part of the registration by mail a copy of the elector’s identification as defined in Section 1-1-104(19.5), C.R.S.; or
(b)	Votes pursuant to Section 1-7-111(2), C.R.S.; or
(c)	Is otherwise entitled to vote under any federal law.
12.5.9	If the elector is required to provide his or her identification, the outside of the return envelope shall be marked to identify such envelope.
12.5.10	All return envelopes used in a mail ballot election coordinated by the county clerk and recorder may 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.]
12.6	Mail-in and Early Voting
12.6.1	In a mail ballot election, any elector with a mail-in ballot request shall be sent a mail ballot to the requested address in accordance with section 1-8-111(1), C.R.S.  Mail-in ballots shall be treated as mail ballots for all other purposes.
12.6.2	Establishment of a polling place for early voting shall not be required for a mail ballot election, however the location for walk-in balloting shall be maintained.
12.7	Receipt of Ballots
12.7.1	One or more judges shall be appointed for the site to which ballots are to be mailed to receive the ballots as mailed.
12.7.2	Each day when ballots come in, a judge shall count the ballots, batch them and record the number of ballots received.
12.7.3	The ballots shall be date-stamped when received.  If any ballot is received after the time set for the closing of the elections, the ballot shall be date-stamped but the ballot shall not be counted.
12.7.4	Records shall also be kept of the number of ballot packets returned as undeliverable.
12.7.5	Ballot packets shall then be placed in a safe, secure place until the counting of the ballots.
12.8	If a voter has been directed to return a document with his/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 not to disenfranchise the voter.
12.8.1		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 ballot shall be verified and counted as follows: 
(a)	In accordance with section 1-7.5-107(3.5)(d), C.R.S., the voter shall be sent a letter explaining that he/she has not provided identification.  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.
(b)	If the elector provides a copy of his/her identification within eight days after election day, then the ballot shall be verified and counted in the same manner as other mail ballots in accordance with sections 1-7.5-107 and 1-7.5-107.3, C.R.S.
12.9	For any missing signatures Rule 29.1 concerning procedures for missing signatures shall be followed.  In accordance with section 1-7.5-107.3, C.R.S., the procedures in Rule 29 shall be followed for any non-matching signature on a mail ballot return envelope that is received in a November coordinated election.
12.10	Ballots Delivered in Person
12.10.1	All “drop-off locations” shall be accessible to disabled electors.
12.10.2	All “drop-off locations” and any walk-in voting locations shall be located within the political subdivision where feasible.  If a political subdivision desires to establish a drop-off location or a site for walk-in voting outside of the county, municipality or district, permission must be obtained from the Secretary of State.  
(a)	The designated election official shall state the reasons for requesting such exception in the mail ballot plan 	submitted to the Secretary of State for approval.
(b)	The alternate location proposed by the designated election official shall be within reasonable proximity to the political subdivision or the majority of the electors of the political subdivision. 
12.10.3	Any eligible elector may deliver in person to the designated or coordinated election official’s office no more than ten (10) voted mail ballots.
12.11	Replacement Ballots for Purpose of Mail Ballot Elections.
12.11.1	Requests for replacement ballots may be made in writing, by mail, by fax, by email, or by telephone.  An elector who wishes to receive the replacement ballot by mail must make such request no later than the close of business on the seventh day before the election.  However, in accordance with section 1-7.5-107(3)(d), C.R.S, an elector may request a replacement ballot in person at the county clerk and recorder’s office until 7:00 p.m. on election day.
12.11.2	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.
12.11.3	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.
12.12	Surrender of Mail Ballot
12.12.1	In an election coordinated by the county clerk and recorder, any voter may surrender a mail ballot to the designated election official and vote in-person on the accessible device provided for the election as required by section 1-5-705 C.R.S.
12.12.2	The election judge receiving the surrendered ballot shall indicate on the outside envelope that the ballot is cancelled.  The voter’s record shall be updated to give the voter credit for voting in a manner that maintains the secrecy of the ballot.
12.12.3	Any accessible device used in accordance with this rule shall be subject to the privacy, security and accuracy standards set forth in the Election Rules and Title 1, C.R.S.  
12.13	Judges Duties.
12.13.1	The judges shall record the results of the election on the judges’ certificate and statement.
12.13.2	The judges shall deliver the results of the election to the designated election official along with all election materials.
12.13.3	The judges shall deliver all election materials bound separately as follows:
(a)	Ballots which were counted;
(b)	Ballots which were defective, as defined in 1-7-309(4), C.R.S.;
(c)	Additional ballot pages returned after the voter cast his/her ballot that were appropriately marked and not counted in accordance with Rule 12.5.1;
(d)	Ballots/ return envelopes which may be challenged;
(e)	Return envelopes with ballots removed;
(f)	Defective return envelopes with ballots inside;
(g)	Ballot packets which were returned as undeliverable.
12.14	Canvass of votes/certificates of election.
12.14.1	Elections can be challenged as provided in the enabling statute of the entity calling the election.
12.14.2	The failure of an elector to receive a ballot will not by itself be sufficient grounds for the challenge of an election, so long as the designated election official acted in substantial compliance with Title 1, Article 7.5, C.R.S. or the rules promulgated thereunder by the Secretary of State.
Rule 26.1.2 is repealed as follows:
26.1.2	Repealed. 
Rules 26.3, 26.4, and 26.5 are amended as follows:
26.3	Provisional Voting in the Polling Place
26.3.1	If an elector whose name does not appear on the pollbook states that he or she has timely registered through an agency pursuant to section 1-2-504, C.R.S., the election judge shall:
(a)	Offer the elector a provisional ballot;
(b)	Check the box on the provisional ballot affidavit indicating that the elector was an agency applicant;
(c)	Ask the elector to provide the name and location of the agency and the approximate date he or she completed the application, or provide the application receipt, or both; and
(d)	Note the agency registration information on the affidavit and attach the receipt, if provided, to the outside of the provisional ballot envelope.
26.3.2	If the elector whose name does not appear on the pollbook states that he or she applied to register to vote prior to the close of registration with a voter registration drive (VRD), the election judge shall:
(a)	Offer the elector a provisional ballot;
(b)	Check the box on the provisional ballot affidavit indicating that the elector is a VRD applicant,
(c)	Ask the elector to provide the location and the approximate date he or she completed the application, or provide the application receipt, or both; and
(d)	Note the VRD registration information on the affidavit and attach the receipt, if provided, to the outside of the provisional ballot envelope.
26.3.3	The word “provisional” shall be marked on the provisional ballot and on the pollbook or signature card next to the elector’s name.
26.4	Verification of Provisional Ballots
26.4.1	When the designated election official has concluded that all voted provisional ballots have been delivered to and received by the election office, the designated election official shall determine the time that provisional verification and processing begins in accordance with the deadlines set forth in Title 1, C.R.S., and these rules.  The designated election official or designee shall complete preliminary verification without opening the provisional ballot envelopes. 
26.4.2	Verification of an elector’s eligibility to have his or her provisional ballot counted shall be limited to the following sources:
(a)	Sources provided by the Secretary of State or law enforcement agencies regarding felons who are serving a sentence of detention or confinement or on parole;
(b)	The State of Colorado Statewide Voter Registration Database;
(c)	The DMV Motor Voter database (Note: Possession of a driver’s license is not conclusive proof of voter registration; elector must have registered to vote through the DMV); and
(d)	The information provided on the provisional ballot envelope, including the affidavit.
26.4.3	When verifying provisional ballots, the designated election official shall check the State of Colorado Statewide voter registration database to determine whether the elector has already voted in the election. 
26.4.4	If during verification it appears that the elector attempted to register but was deemed “not registered” in accordance with section 1-2-509(3), C.R.S., the ballot shall be verified and counted as follows:
(a)	If the elector substantially confirms the street address at which he or she attempted to register to vote anywhere on the provisional ballot affidavit, the affidavit is complete, and the elector is otherwise eligible, the ballot shall be counted.  The elector shall be deemed registered as of the date of the original application.
(b)	If the elector does not substantially confirm the street address at which he or she attempted to register to vote anywhere on the provisional ballot affidavit, the ballot shall not be counted.  The provisional ballot affidavit shall be treated as an application for future registration.
26.4.5	If during verification it appears that the elector’s record was cancelled or consolidated as a duplicate in error, the ballot shall be counted so long as the elector has not cast a ballot in the election, the affidavit is complete, and the elector is otherwise eligible.  The elector’s record shall be reinstated or unconsolidated.
26.4.6	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 elector’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.  
26.4.7	If during verification it appears that the elector timely applied for registration, but his or her application was incomplete the ballot shall be verified and counted as follows:
(a)	If the elector provided the required information on the provisional ballot affidavit at the time of voting, the ballot shall be counted so long as the elector is otherwise eligible, and has not cast a ballot in the election.   The elector shall be deemed registered as of the date of the original application.
(b)	If the elector did not provide the required information on the provisional ballot envelope at the time of voting, the ballot shall not be counted.  However, if the provisional ballot envelope lacks a signature, the designated election official shall follow the signature verification procedures in accordance with section 1-8.5-105(3), C.R.S., and Rule 29. 
26.4.8	If the elector moved within the state, the ballot shall be verified and counted as follows:
(a)	All races and issues shall be counted if the elector indicates that he or she moved to the new residence address in the new county or precinct at least 30 days prior to the election.  If the elector does not indicate when he or she moved to the new residence address, all races and issues shall be counted so long as the affirmation is signed.  [section 1-8.5-107(2), C.R.S.]    
 (b)	Only federal and statewide races and issues shall be counted if the elector indicates that he or she moved to the new residence address in the new county or precinct after the close of registration.  [section 1-8.5-108(2), C.R.S.]     
26.5	Counting of Provisional Ballots
26.5.1	If the information contained in the provisional ballot envelope and affidavit provides adequate criteria so that the designated election official is able to confirm under election Rule 26 that the elector is eligible to cast a ballot, the provisional ballot shall count.  
26.5.2	Repealed. 
New Rule 26.10 is adopted as follows:
26.10	Treatment of the provisional ballot affidavit as an application for, or a change to registration
26.10.1	If a provisional ballot affidavit is treated as an application for registration for future elections in accordance with section 1-8.5-103(2), C.R.S., such application shall be subject to the requirements for any other voter registration application.
26.10.2	In the case of an elector who is registered, if the provisional ballot affidavit contains changes to the elector’s registration his or her record shall be updated accordingly.
26.10.3	If a provisional ballot is counted because it was determined that an elector was cancelled or consolidated in error, the elector’s record shall be reinstated or unconsolidated and updated accordingly.
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)	A valid Colorado driver’s license;
(b)	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.;
(c)	A valid U.S. passport;
(d)	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;
(e)	A valid pilot’s license issued by the federal aviation administration or other authorized agency of the United States;
(f)	A valid U.S. military identification card with a photograph of the eligible elector;
(g)	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.  For example:
(I)	A cable bill or telephone bill,
(II)	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, 
(III)	A paycheck from a government institution or private company; or
(IV)	A Certificate of Degree of Indian or Alaskan Native Blood.; or
(V)	A valid identification card issued by a federally recognized tribal government certifying tribal membership.  
(h)	A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services (formerly the United States Health Care Financing Administration); 
(i)	A certified copy of a U.S. birth certificate for the elector issued in the United States;
(j)	Certified documentation of naturalization; or
(k)	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.
New Rule 30.11.3 is adopted as follows:
30.11.3		In accordance with section 1-1-104(19.5)(c), C.R.S., an elector that does not present identification at the time of voting shall be offered a regular ballot if he or she presents a letter from the director or administrator of a group residential facility that indicates that the elector is a resident of the facility and that he or she resides at the street address listed in the pollbook.  [Sections 1-1-104(18.5), (19.5)(c), and 1-7-110, C.R.S.]

Rule 40 is amended as follows:
Rule 40.  Rules Concerning Certification and Education of Designated Election Officials
40.1	Purpose and Definitions: 
40.1.1	The Secretary of State recognizes that the oversight of elections is a profession that requires thorough knowledge of complex state and federal election law and election procedures.  It is recognized that state and federal law, voting equipment and election procedures are complex, and therefore necessitates extensive training.  The purpose of the certification program is to standardize election procedures and education so that Colorado voters have a greater confidence in their election officials and the election process. 
40.1.2	“local election official” for the purpose of section 1-1-301(1), C.R.S., shall mean a county clerk and recorder.
40.1.3	“Persons required to complete certification” for the purpose of section 1-1-302, C.R.S., and this rule shall mean:
(a)	The county clerk and recorder; and 
(b)	Employees in the clerk and recorder’s office who are directly responsible for overseeing election activities, including but not limited to voter registration, candidate qualifications and ballot certification, poll worker training, ballot design and setup, ballot counting, and canvassing.
40.2	Advisory Board created
40.2.1	The Secretary of State shall create an advisory board to oversee the certification program and curriculum.  The advisory board shall meet at least twice each calendar year to approve the curriculum and make necessary changes.  The advisory board shall also review evaluations and recommend changes to the certification program.
40.2.2	The advisory board shall review individual applications for certification and shall approve applications that are accurate and complete.  The advisory board shall have the authority to take into account special circumstances in reviewing and approving applications.  
40.2.3	The advisory board shall include the following members appointed by the Secretary of State:
(a)	Four county clerks or designated staff members
(b)	Two Secretary of State Office representatives
(c)	Any individual(s) whom the Secretary of State believes could make a valuable contribution to the Board.
40.2.4	Board members shall be appointed by the Secretary of State to serve a two-year term.  Board members may be terminated without cause.  Failure to attend meetings or meaningfully contribute may result in termination.  
40.3	Core Curriculum 
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)	Navigating election laws and procedures 
(b)	Testing and maintenance of voting equipment
(c)	Canvass procedures
(d)	Mail-in voting
(e)	Pollworker training and recruiting
(f)	Overseas and military voting
(g)	Ethics 
(h)	Mail ballot elections 
(i)	Accessibility for people with disabilities
(j) 	Provisional voting
(k)	Issues in voter registration
40.3.2	The classes may be offered as a whole or in sections.
40.4	Elective Curriculum 
40.4.1	The certification program shall include electives as part of the certification program.  All training outlined herein shall be provided under the direction of the Secretary of State.  Persons applying for certification shall select and complete at least six elective courses.  The elective courses shall generally include but are not limited to:
(a)	Voter outreach
(b)	Media relations and the Colorado Open Records Act (CORA)
(c)	Elections refresher course
(d)	Petitions
(e)	Recall elections
(f)	Security planning
(g)	SCORE functional training
(h)	Polling place set up/management
(i)	Vote Center training
(j)	Budgeting
(k)	Recounts and election contests	
(l)	Other timely, relevant topics as determined by the Secretary of State
40.4.2	The classes may be offered as a whole or in sections.
40.5	Credit for training offered by the Secretary of State.
40.5.1  	Individuals applying for certification shall have received at least eight unique core credits and six unique elective credits.  The advisory board may reject applications for certification if any of the core or elective credit requirements have been achieved through a duplication of course credits.  
40.5.2	The advisory board shall not accept applications for certification if more than two SCORE functional training elective credits are submitted to achieve the six elective credit requirement.
40.5.3  	One credit shall be awarded after successful completion of any course scheduled for two hours or less.  Two credits shall be awarded for successful completion of any course scheduled for more than two hours.  However, only one elective credit shall be awarded for each four hours of SCORE Functional Training.
40.5.4	Training assessment
(a)	To receive certification credit for any course presented by the Secretary of State in accordance with this rule, participants shall successfully complete a training assessment with a minimum score of 85%. 
(b)	Participants failing to achieve a score of at least 85% may retake the assessment.  
(c)	Assessments may be administered by the Secretary of State during or after presentation of the course, either by a paper assessment or by utilizing electronic assessment software.
40.6	Credit for training offered by other agencies or organizations  
40.6.1	Persons may apply to the advisory board to request credit towards Colorado certification for training provided by other agencies or organizations.  
40.6.2	The Board shall grant core or elective hours if such trainings are elections related and provide an appropriate level of specificity and applicability as similar courses provided by the Secretary of State.
40.6.3	The Board may review agendas, materials, and other documentation for training not provided by the Secretary of State prior to granting core or elective credit.  
40.6.4	For initial certification, the Board may grant up to one core and two elective credits to any participant for training provided by other agencies or organizations.  
40.6.5	Successful completion of an assessment shall not be required for training provided by other agencies or organizations.  
40.7	Continuing Elections Education (CEE)  
40.7.1	In order to maintain certification, a person shall attend and complete at least two electives or one core class every calendar year. 
40.7.2	Credit received for duplicate classes within the same calendar year may be applied only once toward maintaining certification.  No more than two SCORE functional training elective credits may be submitted within the same calendar year towards maintaining certification.
40.7.3	After a person has completed the requirements for maintaining certification, he or she shall submit an application for continuing certification to the Secretary of State’s office on the form approved by the Secretary of State.
40.8	Completing Colorado certification
40.8.1	After a person has completed the requirements for certification, the person shall submit an application for Colorado certification to the Secretary of State’s office on the form approved by the Secretary of State.
40.8.2	Repealed.
40.8.3	The Secretary of State shall review the application with reference to the Secretary of State records.  If the application is complete and accurate, the Secretary of State shall forward it to the advisory board for its review and approval.  Upon approval by the advisory board, the Secretary of State shall issue a certificate that the person is a Certified Colorado Election Official.
40.8.4	The Secretary of State shall track attendance at all classes and keep records of attendance, continuing elections education, and records of those persons who are certified and  persons who are in the certification process.
40.9	Decertification
40.9.1	Repealed 
40.9.2	If a certified election official fails to satisfy continuing elections education requirements in one calendar year, then the election official shall have a maximum of 12 months to complete continuing education requirements for the previous calendar year and the current calendar year.
40.9.3	Failure to satisfy continuing education requirements for two consecutive years shall result in de-certification.
40.10	Credit for Teaching Classes
40.10.1  Any person who teaches or substantially assists with preparation of a class offered for certification may receive the equivalent of two core or three elective credits. 
40.10.2	The participant shall submit a written request to the Secretary of State’s office requesting either two core or three elective credits. 
40.10.3	The Secretary of state shall forward the application to the advisory board, which shall determine whether the applicant is eligible to receive the requested credits.
40.11	Web-based training
40.11.1	The Secretary of State may utilize web-based technology to make certification and training more accessible.  Virtual and web-based training may be provided for any course the Secretary of State deems appropriate.
40.11.2	Web-based training may be conducted live or by reviewing material previously presented by the Secretary of State. In either case, participants must achieve a satisfactory score on assessments prior to receiving credit for the course.
Rules 44.1, 44.2, and 44.3 are amended as follows:
44.1	Statement of Intent
	44.1.1	In accordance with section 1-2-701, C.R.S., et seq., the organizer of a Voter Registration Drive (“VRD”) shall file a Statement of Intent with the Secretary of State to conduct a voter registration drive on a form prescribed by the Secretary of State.  The Statement of Intent shall include the following information:
(a)	The name of the group conducting the VRD, and the name and contact information of the individual organizing the VRD;
(b)	The name of the agent (who is required to be a Colorado resident) and the contact information for that agent, if different from the person organizing the VRD;
(c)	A statement specifying that the VRD intends to operate within the State of Colorado;
(d)	A notice that the VRD number expires at the end of the calendar year; and
(e)	A signature line requiring the organizer’s signature.
	44.1.2	Any amendments to the Statement of Intent shall be filed in writing with the Secretary of State no later than three business days after the change(s) occurs.  Amendments may be made by fax, email, mail or in person.
	44.1.3	The Secretary of State shall immediately attempt to verify the information provided in the Statement of Intent prior to issuing a number to the VRD organizer.  The Secretary of State may deny a number to the voter registration drive organizer if the information provided on the Statement of Intent cannot be verified.
	44.1.4	The last day for a VRD to file a Statement of Intent with the Secretary of State shall be 30 days before the General Election in a given calendar year.
44.2	Training	
44.2.1	In order to be issued a VRD number, the organizer VRD shall successfully complete the online training and test provided by the Secretary of State, and submit a Statement of Intent along with a Training Acknowledgment form to the Secretary of State.  
44.2.2	In addition to training for the organizer, the Secretary of State shall make available information for the organizer to train individual circulators.  Organizers shall provide training to all circulators.  Organizers shall obtain and maintain on file signed attestations from each circulator that he or she will adhere to all the requirements of the Secretary of State election rules and the Colorado Revised Statutes pertaining to elections, and that they are aware of the penalties associated with the mishandling of voter registration application forms.  The organizers shall furnish the circulator attestations to the secretary of state upon request.
44.2.3	The mandatory training provided by the Secretary of State shall include, but not be limited to:
(a)	The use of the VRD Application;
(b)	Information on where to obtain the VRD Application;
(c)	Information on how to ensure that a VRD Application is filled out completely; including which fields are optional and which are required, and how to fill out the circulator portion of the Application;
(d)	Notice of statutory deadlines relating to Voter Registration Applications and VRDs;
(e)	The requirements for when and where the Voter Registration Applications must be turned in;
(f)	Penalties for violating statutory prohibitions including fraud, intimidation, mishandling Applications, failing to turn in Applications and other penalties relevant to VRDs;
(g)	The handling and treatment of confidential information on the Voter Registration Applications; and
(h)	Notice that circulators shall not be paid per Voter Registration Application, but if compensated, shall be paid by the hour or day.
44.2.4	The training shall be provided online.  If a VRD organizer prefers, he or she may schedule a time to view the training at the office of the Secretary of State.    
44.2.5	After completing the training, the VRD organizer must complete the training test and answer the questions 100% correctly before a VRD number will be issued.  
44.2.6	After completing the training and test, the VRD organizer shall sign a Training Acknowledgement confirming that the training and test have been completed and that he or she has been duly informed of rules, laws and penalties relating to voter registration drives.  
44.2.7	A Voter Registration Drive organizer must complete the training and test every calendar year in which he or she intends to conduct a VRD.  
44.3	Number Assigned 
44.3.1	After successful completion of the required training and test, and submission of the required forms, the Secretary of State shall assign a unique number to the VRD.  After issuing a unique number to the VRD, the Secretary of State shall:
(a) 	Advise the VRD organizer of their unique number;
(b)	Notify the county clerks within 24 hours after each VRD number has been issued by the Secretary of State; and
(c)	Post the agent and the name of the group conducting the drive on the Secretary of State website.
44.3.2	All assigned VRD numbers are valid through December 31 of the year that the number is assigned.
Rule 44.5 is repealed as follows:
44.5	Repealed.
New Rule 51 is adopted as follows:
Rule 51.	Use of approved and recommended election forms
51.1	Where the Secretary of State has issued an approved election form, notice, application, or correspondence provided for by the “Uniform Election Code of 1992”, all designated election officials and registration offices shall use the approved form.
51.1.1	A designated election official or registration office that wishes to modify the content of any form approved or recommended by the Secretary of State shall submit a written request via email to the Secretary of State’s office stating the requested modification and the reasons it is needed.
(a)	The Secretary of State shall have five business days in which to approve or deny the modification request.  Failure of the Secretary of State to issue a decision within five business days shall not constitute an approval of the request.  If the modification request is denied, the Secretary of State will provide an explanation stating the basis for denying the request.
(b)	A non-substantive customization, such as placing the form on county letterhead or language translation, shall not require approval.
51.2	The Secretary of State shall approve standard voter registration and ballot application forms recommended for use by political parties and organizations that provide such forms to the public.  The Secretary of State will ensure that the current approved forms for registration and ballot request are publicly available on its website.  
51.2.1	Political parties and organizations may also use the National Mail Voter Registration form.  Because the forms approved by the Secretary of State contain all of the information specific to Colorado law, the applicants and the organization are afforded greater protection when the standard forms approved by the Secretary of State are used.  
51.2.2	All political parties and organizations that conduct a mass mailing of either registration or ballot request forms to the public shall identify the party or organization conducting the mailing by printing the organization name and contact information on the form.  
51.2.3	Any political party or organization may contact the Secretary of State prior to sending a mailing to request a review of the form and information to be mailed.
51.3	In accordance with section 1-1-107(2)(d), C.R.S., the Secretary of State may seek injunctive action or other penalties as a remedy to violations of this Rule.