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

Rules as Adopted - Clean

July 2, 2012

The following includes publication notes.
Amendments to Rule 40:
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. Considering the complexity of state and federal law, voting equipment, and election procedures, extensive training is necessary. The certification program standardizes election procedures and education. The program also promotes Colorado voters’ confidence in their election officials and the election process.
40.1.2	“Local election official” means a county clerk and recorder. (Section 1‑1‑301(1), C.R.S.)
40.1.3	“Persons required to complete certification” means:
(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.
(Section 1‑1‑302, C.R.S.)
40.2	Advisory Board.
40.2.1	The advisory board must meet at least twice each calendar year to approve the curriculum and make necessary changes. The advisory board must also review evaluations and recommend changes to the certification program.
40.2.2	The advisory board must review individual applications for certification and must approve applications that are accurate and complete. The advisory board may take into account special circumstances in reviewing and approving applications.
40.2.3	The Secretary of State will appoint the following as board members:
(a)	Four county clerks or designated staff members;
(b)	Two Secretary of State Office representatives; and
(c)	Any individual(s) whom the Secretary of State believes could make a valuable contribution to the Board.
40.2.4	Board members serve at least a two-year term. 
40.2.5	The Secretary of State may terminate board members without cause. Failure to attend meetings or meaningfully contribute may result in termination.
40.3	Curriculum.
40.3.1	The Secretary of State will develop the core and elective curriculum offered for certification and continuing elections education. The Secretary will post curriculum information on the Secretary of State’s website.
40.3.2	The Secretary of State will develop and administer all training outlined in this Rule 40.
40.3.3	To obtain Colorado certification, a person must complete the following minimum curriculum prescribed by the Secretary of State:
(a)	Seven basic core courses;
(b)	One core course relevant to primary job duty; and
(c)	Six electives.
40.3.4	To maintain Colorado certification, a person must complete at least five Continuing Elections Education courses by July 31 of every even year. 
40.4	Training Format.
40.4.1	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 before receiving credit for the course.
40.4.2	The Secretary of State will provide classroom training. For certification, a person must complete at least one course in-class.
40.5	Credit.
40.5.1	Individuals applying for certification must successfully complete the curriculum prescribed by the Secretary of State. If an applicant submits duplicate coursework, the advisory board may reject the application for certification.
40.5.2	Training assessment.
(a)	To receive certification credit for any course presented by the Secretary of State under this rule, a participant must successfully complete a training assessment with a minimum score of 85%.
(b)	A participant who fails to achieve a score of at least 85% may retake the assessment.
(c)	The Secretary of State may administer either paper or electronic assessments.
40.5.3	Credit for Teaching Classes. A person who teaches or substantially assists with preparation of a class offered for certification is excused from the assessment requirement outlined in Rule 40.5.2 and will receive credit for the course.
40.5.4	No election official may receive credit toward his or her Colorado certification for training offered by other agencies or organizations.
40.6	Application Review, Certification, and Maintenance of Records.
40.6.1	Once a person completes the required coursework, he or she must promptly submit an application for certification or continuing certification to the Secretary of State’s office on the form approved by the Secretary of State.
40.6.2	The Secretary of State must review the application with reference to the Secretary of State records. If the application is complete and accurate, the Secretary of State must forward it to the advisory board for its review and approval. Upon approval by the advisory board, the Secretary of State must issue a certificate that the person is a Certified Colorado Election Official.
40.6.3	The Secretary of State must 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. A person who fails to satisfy continuing education requirements will lose certification.