COLORADO SECRETARY OF STATE
[8 CCR 1505-1]
Election rules

Rules as Adopted - Clean

September 6, 2011

Rule 2.11 is amended as follows:
2.11	For the purposes of section 1-2-605(4)(a), C.R.S., an update to a voter's registration information to change the voter's status from inactive to active must be provided to the county clerk and recorder by any of the following ways:
a.	A signed written request, delivered in person or by U.S. mail, fax, or PDF attachment to an email; or
b.	Oral request in person when voter presents identification.
2.11.1	In the case of the applicant’s inability to sign, the elector’s mark shall be witnessed by another person. An elector may use a signature stamp because of age, disability, or other need, which shall be treated as a signature and does not require a witness.
Rule 2.12 is amended as follows:
2.12	Registration of Address Confidentiality Program (ACP) Electors
2.12.1	When an ACP participant registers to vote by mail, the elector shall provide identification pursuant to Rule 30.3 and a copy of his/her ACP Authorization Card.
2.12.2	ACP participants shall be registered to vote as permanent mail-in ballot voters.  Nothing in this rule shall preclude a participant from surrendering his/her mail-in ballot in the same manner as other permanent mail-in ballot voters.
2.12.3	Pursuant to section 24-30-2108(3)(a), C.R.S., the designated election official shall:
2.12.3.1	Use the actual address of a program participant for precinct designation and shall keep the participant’s address, county, and voting precinct and split number confidential from the public.
2.12.3.2	Use the substitute address, as defined in section 24-30-2103(14), C.R.S., for all correspondence and mailings placed in the United States mail.
2.12.4	A state or local government agency’s access to an ACP participant’s voter registration shall be governed by the disclosure process set forth in section 24-30-2110, C.R.S.
2.12.5	Except as specifically provided by Part 21 of Article 30 of Title 24, C.R.S., a program participant’s actual address and telephone number maintained by a state or local government agency is not a public record that is subject to inspection pursuant to the provisions of Part 2 of Article 72 of Title 24, C.R.S. (known as “CORA”).
Rule 2.18.1 is amended as follows:
2.18.1	When a voter information card or confirmation card is returned as undeliverable, or a postcard notice of mail forwarding is provided by the United States Postal Service to the county clerk and recorder, the county clerk and recorder shall mark the voter’s record “Inactive – returned mail” and shall mail a confirmation card. Where a confirmation card sent under this rule is returned as undeliverable, the county is not required to mail another card.
Rule 6.2 is amended as follows:
6.2	Procedures for Coordinated Elections Involving Jurisdictions Shared by Multiple Counties 
6.2.1	For each jurisdiction that is shared by multiple counties, a controlling county shall be designated for the purpose of assigning and coordinating the ballot letter/number for the shared races, issues, and questions in coordinated elections.
6.2.2	The controlling county shall be the county where the administrative office of the political subdivision is maintained at the time that the controlling county is designated.
(a)	If the administrative office is not maintained within the boundaries of the political subdivision, 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.
(b)	Once designated, the controlling county will not change unless approved by the Secretary of State upon request of any of the affected counties.
6.2.3	Repealed.
6.2.4	The controlling county shall coordinate with each county that shares the jurisdiction to assign the ballot number/letter in accordance with Rule 6.5 no later than the date of ballot certification. All counties within the shared jurisdiction shall ensure that the shared races, issues, and questions are printed on the ballot as certified by the Secretary of State or designated election official, and in the order assigned by the controlling county
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.
Rule 12.1.1 is amended as follows:
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.
(a)	In accordance with Rule 51, the designated election official shall use a current approved version of the Secrecy Sleeve with Voter Instructions or Voter Instructions form.
(b)	The approved form will at a minimum include:
(i)	Instructions to return a copy of identification with the ballot for first time electors who are required to provide identification in accordance with section 1-2-501, C.R.S.;
(ii)	Information regarding the availability of accessible voting systems in elections coordinated by the county clerk and recorder; 
(iii)	Information regarding how to vote and return the ballot or obtain a replacement; and
(iv)	Instructions to include adequate postage.
Rule 12.4.1(b)(1) is repealed as follows:
(b)	Deadlines and exceptions.
(1)	Repealed.
Rule 12.5.5 is amended as follows:
12.5.5	In accordance with section 1-7-116(1), C.R.S., for all Coordinated elections, the outgoing envelope as well as the instructions or other notice shall include a notice advising electors that they may receive a ballot from another political subdivision conducting a mail ballot election.
Rule 12.9 is amended as follows:
12.9	Signature verification. 
(a)	For any missing signatures, Rule 29.1 shall be followed. 
(b)	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 an election coordinated with or conducted by the county clerk and recorder. An elector may use a signature stamp because of age, disability, or other need, which shall be treated as a signature and does not require a witness.
Rule 12.11 is amended as follows:
12.11	Request for a replacement ballot by an active elector and request for a ballot by an inactive elector 
12.11.1	Requests may be made in-person beginning on the twenty-second day before the election and until 7:00 p.m. MT on election day. If the elector wishes to receive the ballot by mail, the request must be received no later than the close of business on the seventh day before the election.
(a)	An active elector may request a replacement ballot in person, by mail, fax, email, or telephone. 
(i)	The elector shall complete a self-affidavit, as required by section 1-7.5-107(3)(d)(I), C.R.S., on a form provided by the designated election official.
(ii)	If the elector requests that the replacement ballot be mailed, the self-affidavit may be included in the ballot packet, and must be completed and received by the designated election official on or before 7:00 p.m. MT on election day.
(iii)	The outside of the return envelope shall indicate that the self-affidavit required by this Rule must be returned with the voted ballot. No replacement ballot shall be counted until it has been determined that an affidavit has been completed and returned by the deadline.
(b)	Except as otherwise provided in section 1-7.5-107(3)(c), C.R.S., an inactive elector may make a written request for a ballot in person, by mail, fax, or email. The request must include the elector’s name, date of birth, residence address, and signature, and must be received by the designated election official before the ballot is issued. At the time the request is received the elector’s record will be marked active.
12.11.2	If an elector moved at least 30 days before the election, he or she may include the address change with the ballot request.
Rules 12.12.1 and 12.12.2 are amended as follows:
12.12.1	In an election coordinated by the county clerk and recorder, beginning on the twenty-second day before the election and until 7:00 p.m. MT on election night, 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 mail ballot must be voided prior to issuing an in-person ballot, and the voter’s record will be updated to give the voter credit for voting.
Rule 13.10 is amended as follows:
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. An elector may use a signature stamp because of age, disability, or other need, which shall be treated as a signature and does not require a witness.
The heading of Rule 14.5 is amended as follows:
14.5	Hand Count of Paper Ballots - Recount
Rule 15.1 is amended as follows:
15.1	License, registration, and filing procedures.
15.1.1	In accordance with section 1-40-135, C.R.S., any person or issue committee that intends to compensate petition circulators must obtain a petition entity license, and register with the Secretary of State prior to compensating any circulator.
15.1.2	To apply for a license the designated agent of a petition entity must pay a fee and submit a signed application including:
a.	The name, address, telephone number, and email address of the petition entity;
b.	The name of the designated agent;
c.	An affirmation that the entity will not pay any circulator more than 20% of his or her compensation on a per signature or per petition basis; and
d.	An affirmation that at least one representative of the entity has read and understands Colorado petition laws as outlined in Article 40, Title 1, C.R.S., and has completed the circulator training program provided by the Secretary of State.
15.1.3	To register with the Secretary of State, the designated agent of a licensed petition entity must submit a signed registration form in accordance with section 1-40-135(5)(a), C.R.S., and provide a list of the initiative numbers that the petition entity will circulate.
15.1.4	A registration form must be submitted for each new initiative petition that will be circulated prior to compensating any circulator for that petition.
15.1.5	A petition entity license expires if the petition entity fails to register at least one proposed measure over any two-year period. The Secretary of State will notify a petition entity that its license has expired within 30 days from the date of expiration.
15.1.6	A petition entity whose license has expired may renew its license by submitting a license application in accordance with Rule 15.1.2. No fee is required to submit an application to renew an expired license.	
15.1.7	Determinations regarding the denial of an application or revocation of a license will be made, or the resolution of alleged violations involving petition entities shall be addressed, in accordance with the requirements of section 1-40-135, C.R.S.
15.1.8	At the time the petition is filed, the proponents shall file with the Secretary of  State a copy of the list of circulators and a copy of the list of notaries required by section 1-40-111(4), C.R.S., as well as the campaign finance disclosure report required by section 1-40-121(1), C.R.S.
Rule 15.3.2 is amended as follows:
15.3.2	The petition circulator shall provide his or her permanent residence address as defined in paragraph (a) of this rule on the circulator affidavit.  In addition to providing his or her permanent residence address, if the circulator is not a permanent resident of Colorado as described in section 1-2-102(1)(a)(i), C.R.S., and paragraph a of this rule, the circulator shall also provide the address in Colorado where he or she is temporarily living as of the date the affidavit is signed.
a.	For purposes of Article 40 of Title 1, C.R.S., and this rule, a circulator's permanent “residence” or “domicile” means his or her principal or primary home or place of abode in which a circulator's habitation is fixed and to which the circulator, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A permanent “residence” or “domicile” is a permanent building or part of a building and may include a house, condominium, apartment, room in house, or mobile home. Except as provided in paragraph (b) of this rule, no vacant lot, business address, or post office box shall be considered a permanent “residence” or “domicile”. (Sections 1-2-102(1)(a)(i) and 1-40-121(1)(b), C.R.S.)
b.	For the purposes of petition circulator residence address, a homeless circulator shall provide the address or location where he or she is living as of the date the affidavit is signed. The circulator must provide a physical location, a post office box may not be provided.
c.	For the purposes of sections 1-40-106(4)(b), 1-40-111(3)(a), 1-40-121(2)(a), and 1-40-135(2)(c), C.R.S., a circulator’s permanent residence address that does not comply with this Rule 15.3.2 is considered a “false address”.
Rule 25 is amended as follows:
Rule 25.	Rules Concerning Uniformed and Overseas Citizens’ Absentee Voting Act (“UOCAVA”)
25.1	General rules concerning voting by military and overseas electors.
25.1.1	For the purposes of this Rule 25, elector means a covered voter as defined in section 1-8.3-102(2), C.R.S.
25.1.2.	In accordance with the Help America Vote Act of 2002 and this Rule 25, each county clerk and recorder office shall have a dedicated fax machine for the purpose of fax ballot transmission.
25.1.3	In accordance with section 1-8.3-109, C.R.S., a mail-in ballot application submitted by an elector shall be effective through the next regularly scheduled General Election, unless the elector makes an election-specific or permanent mail-in request.
25.1.4	Mail-in ballot application and replacement ballot request deadlines.
(a)	An application for a mail-in ballot must be received no later than the close of business the Friday immediately preceding the election, except that if the elector wishes to receive the ballot by mail the application must be received no later than the seventh day before the election.
(b)	A request for a replacement ballot must be received by 5:00 p.m. MT on election day. A request for replacement ballot includes a request for an electronically transmitted ballot by an elector who has already been issued a ballot by regular mail.
25.1.5	Use of a Federal Write-in Absentee Ballot (FWAB) as an application for registration or ballot request.
(a)	In accordance with section 1-8.3-107, C.R.S., if an unregistered elector submits a FWAB by the close of registration, the FWAB shall be considered a timely application for registration and mail-in ballot request.
(b)	In accordance with section 1-8.3-108(4), C.R.S., if a registered elector submits a FWAB no later than the Friday before the election, the FWAB shall be considered a timely application for mail-in ballot.
25.1.6	In accordance with sections 1-8.3-110 and 1-8.3-113, C.R.S., all ballots cast must be voted and mailed or electronically transmitted no later than 7:00 p.m. MT on election day, and received by the county clerk and recorder or the Secretary of State no later than the close of business on the eighth day after election day.
25.1.7	Ballots received by the Secretary of State
(a)	If the Secretary of State timely receives a ballot in accordance with this Rule 25, the Secretary of State will immediately notify the appropriate county clerk and recorder and forward the ballot by overnight mail, fax, or courier no later than the next business day. 
(b)	To ensure voter secrecy, any county notified that the Secretary of State has received a ballot, shall retain a minimum of ten voted ballots to be counted with the ballot received by the State.
25.1.8	The county clerk and recorder shall send a minimum of one correspondence prior to the Primary Election to each elector whose record is marked “Inactive” and whose ballot request has expired. Such correspondence may be sent by email or mail and, at a minimum, shall notify the electors of:
(a)	The status of the elector’s record and ballot request;
(b)	The upcoming federal elections;
(c)	How to update the elector’s mailing information and request a ballot; and
(d)	Any other information the county clerk and recorder deems appropriate.
25.1.9	Reporting. No later than 60 days after a General Election, the county clerk and recorder shall provide a report to the Secretary of State in the approved format, which shall summarize in detail the ballots transmitted and returned by military and overseas electors.
25.2	Electronic ballot transmission
25.2.1	For the purpose of Article 8.3 of Title 1, C.R.S., and this Rule 25, “electronic transmission” includes:
(a)	For the purpose of sending an unvoted ballot to the elector fax, email, and online ballot delivery.
(b)	For the purpose of returning a voted ballot to the county clerk and recorder fax and email.
25.2.2	Electronic Transmission (receipt and return) of ballots to military and overseas electors
(a)	In accordance with sections 1-8.3-110 and 1-8.3-113, C.R.S., an elector may request to receive and return his or her ballot by electronic transmission. 
(i)	Subject to the deadlines in Rule 25.1.4, a request for electronic ballot transmission may be made on the federal postcard, state voter registration, mail-in ballot, online voter registration, or any other application.
(ii)	An elector who requests fax transmission shall provide a fax number, including the international country code and local area, province, or city code (if applicable) where the ballot is to be faxed.
(iii)	An elector who requests email transmission shall provide a complete email address where the ballot is to be transmitted. In accordance with section 1-8.3-115, C.R.S., no election official may disclose the email address to the public.
(b)	An elector who chooses to receive his or her unvoted ballot by online ballot delivery may return his or her ballot by fax or email.
(c)	To return a voted ballot and self-affirmation by email, the elector must scan and return the documents as an email attachment.
25.2.3	Upon receipt and verification of an application, the county clerk and recorder shall authorize the transmission of a blank ballot containing all contests and questions for which the elector is eligible to vote.
25.2.4	The ballot packet sent by electronic transmission shall be in text format on 8 ½” x 11” white paper and shall include:
(a)	An electronic transmission coversheet to protect voter privacy;
(b)	The blank ballot;
(c)	The electronic transmission ballot instructions; and
(d)	The self-affirmation required by section 1-8.3-114, C.R.S.
25.2.5	The electronic transmission ballot instructions shall include:
(a)	The county clerk and recorder’s contact information including mailing address, email address, phone, and fax number;
(b)	A notice that the ballot may not be duplicated for any other elector;
(c)	Instructions for completing and returning the ballot;
(d)	A notice regarding the ballot return deadline;
(e)	Information regarding how the elector may verify that his or her ballot has been received by the county clerk and recorder; and
(f)	Any other information deemed necessary by the Secretary of State or the designated election official.
25.2.6	The self-affirmation shall include the standard oath required by the Uniformed and Overseas Citizen Voting Act (42 U.S.C sec. 1973ff(b)(7) and 1(a)(5)), the elector’s name, date of birth, signature, and the following statement: I also understand that by returning my voted ballot by electronic transmission, I am voluntarily waiving my right to a secret ballot. (Section 1-8.3-114, C.R.S.)
25.2.7	Any ballot transmitted to an elector by electronic transmission shall contain a unique identification number for tracking and auditing purposes.
25.2.8	If the county clerk and recorder transmits a ballot packet to an elector by fax and the transmission is unsuccessful, the county clerk and recorder shall attempt to fax the ballot at least two more times.
25.2.9	The county clerk and recorder shall maintain a log of each ballot sent by electronic transmission, which the county shall maintain as an election record along with any other email or fax records. The log shall include:
(a)	The name of the elector;
(b)	The fax number or email address to which the ballot packet was transmitted (as applicable);
(c)	The unique identification number of the ballot;
(d)	The date the ballot packet was transmitted; and
(e)	The initials of the employee transmitting the ballot.
25.2.10	Upon receipt of voted ballot sent by electronic transmission, the county clerk and recorder shall verify the elector’s signature in accordance with Rule 29, and upon verification the ballot shall be duplicated for counting.
Rule 26.5.3 is 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 address at which the voter was registered to another address in the state not less than 30 days before the election and voted in the correct precinct where the new address is located. The voter’s address will be updated.  Section 1-8.5-107(2)(a) and (3), 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 30 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.
Rule 27.4.2(e)(4) is amended as follows:
(4)	Write-in votes sorted by the optical scan equipment on election day shall be delivered to the assigned write-in board for hand counting.
(i)	During the initial ballot count, in order to be counted, the oval must be darkened or the arrow connected according to the appropriate voting instructions.  Only votes for legally qualified write-in candidates shall be counted.
(ii)	If, following the initial count, the number of undervotes in that race could change the outcome or force the election into a mandatory recount if attributed to a legally qualified write-in candidate, votes for that candidate shall be counted whether or not the target area designating the selection of a write-in candidate has been marked, provided that the number of candidates chosen does not exceed the number permitted in that office.
Rule 27.4.2(f)(2) is amended as follows:
(2)	The county will conduct a recount of a race with a write-in candidate as outlined in Rule 27.7.4.
Rule 27.4.3 is amended as follows:
27.4.3	Vote on Optical Scan Ballots.  A correctly voted optical scan ballot occurs when a voter, using a readable marker, fills in or connects the minimum number of target areas per race or ballot measure, not to exceed the maximum allowable votes per race or ballot measure, without extending the vote mark beyond the parameters of the instructions.
Rule 27.7.4.3 is amended as follows:
27.7.4.3	During any recount of votes, if the number of undervotes in that race could change the outcome if attributed to a legally qualified write-in candidate, votes for that candidate shall be counted whether or not the target area designating the selection of a write-in candidate has been marked, provided that the number of candidates chosen does not exceed the number permitted in that office. 
Rule 29.1.2 is amended as follows:
29.1.2	The letter shall inform the eligible elector that he/she 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 calendar days after election day. The letter shall inform military, overseas, and other electors who are absent from the state that they may sign the affidavit and return the form by mail, fax, or email, and that the county must receive the form no later than eight calendar days after the election.
Rule 42.11 is amended as follows:
42.11	Administrative Emergency.
42.11.1	For the purposes of section 1-8-115(2), C.R.S., the “closing date for mail-in ballot applications” is the last day to apply for a ballot by mail under section 1-8-104(3), C.R.S.
42.11.2	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 under section 1-8-115(4), C.R.S., and this Rule.
42.11.3	No later than 21 days prior to the election, the Secretary of State will post on its website and email counties a designated point of contact for each election for Emergency Electronic Transfer Requests.
42.11.4	A request to send a ballot by electronic transfer must be submitted to the designated point of contact via email using the approved Emergency Electronic Transfer form posted on the Secretary of State website. If possible, the designated election official should attempt to consolidate requests to the Secretary of State.
42.11.5	At a minimum, a request for an emergency electronic transfer shall include:
(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:
(i)	The elector’s name;
(ii)	When the elector applied for the mail-in ballot;
(iii)	The date when the designated election official sent the mail-in ballot to the elector (if applicable);
(iv)	The date the elector contacted the designated election official with information regarding failure to receive the ballot; 
(v)	A suggested timeframe for the Secretary of State to respond;
(vi)	The quantity of ballots to be sent by fax; and
(vii)	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.
42.11.6	The Secretary of State shall respond in writing to the designated election official as soon as possible, but no later than eight business hours after receipt of the request.  
42.11.7	The Secretary of State shall have the ability to issue a blanket approval by electronic transfer.