COLORADO SECRETARY OF STATE

8 CCR 1505-1
Election Rules

Rules as Adopted – Clean
August 11, 2016

Please note the following formatting key:
Font effect	Meaning	
Italic blue font text	Publication notes and annotations	

[Current 8 CCR 1505-1 is amended as follows:]
Amendments to Rule 1 concerning definitions:
1.1.8	“Ballots cast” means the total number of ballots received by the county clerk in an election. “Ballots cast” does not include mail ballot envelopes returned to the county clerk by the U.S. Postal Service as undeliverable. 
[Current Rules 1.1.8 through 1.1.11 are renumbered accordingly as Rules 1.1.9 through 1.1.12]
1.1.13	“Damaged ballot” means a ballot that is torn, bent, or otherwise mutilated or rendered unreadable, so that it cannot be processed by the ballot scanner. Damaged ballots include:
(a)	All ballots that contain a foreign substance that could interfere with the ballot scanner (e.g. food, drink, etc.).
(b)	Ballots that are marked in a medium or manner that cannot be detected by a ballot scanner.
[Current Rules 1.1.13 through 1.1.28 are renumbered accordingly as Rules 1.1.14 through 1.1.29]
1.1.30	“Optical scanner or ballot scanner” means an optical or digital ballot scanner.
[Current Rules 1.1.30 through 1.1.48 are renumbered accordingly as Rules 1.1.31 through 1.1.49]
 Amendments to Rule 2.3 concerning voter registration:
2.3	When processing a new voter registration application, the county clerk must mark the registration record “ID required” unless the elector provides his or her verifiable driver’s license number or state identification number, or the elector is otherwise exempt under law. [Section 1-2-204(2)(f.5), C.R.S.]
Repeal of Rule 2.3.4.
Repeal of Rule 2.10.2:
2.10	New voter notification under section 1-2-509(3), C.R.S. During the 22 days before an election, the county clerk must defer processing undeliverable new voter notifications. After the election is closed, the clerk must determine an applicant “not registered” under section 1-2-509(3), C.R.S., only if the applicant did not vote in the election. 
Amendments to Rule 2.11.1 concerning voter registration confidentiality:
2.11.1	Information about an agency’s name and location for an application completed at a voter registration agency or driver’s license office is confidential. [52 USC § 20504(c)(2)(D)(iii)]
Amendments to Rule 2.12.1 concerning list maintenance under section 8 of the National Voter Registration Act of 1993:
2.12.1	The Secretary of State will provide monthly National Change of Address (NCOA) data under section 1-2-302.5, C.R.S., to the county clerk by the fifth of each month.
(a)	The county must process the data to update registration records and send notifications in accordance with section 1-2-302.5, C.R.S., by the end of each month.
(b)	The county may not change a residential address to a non-residential address, like a post office box, based on the information in the NCOA data.
(c)	When the county updates a voter registration record using NCOA data, the county must use the NCOA transaction source.
Amendments to Rule 2.14.1 concerning voter registration records and data:
2.14.1	The SCORE system must retain digital images of voter registration applications in perpetuity in accordance with section 1-5-301, C.R.S.
Amendments to Rule 3.3.3 concerning qualified political organizations:
3.3.3	To qualify for the ballot, a candidate must have been affiliated with the qualified political organization by the first business day in January of the election year, or if the organization has not been qualified, the candidate must have been registered as unaffiliated by the first business day in January of the election year.
New Rule 6.9 concerning election judges: 
6.9	The county clerk must arrange for a criminal background check on each supervisor judge and each staff member with access to SCORE or electors’ confidential or personally identifiable information.
6.9.1	The criminal background check must be conducted by or through the Colorado Bureau of Investigation, the county sheriff’s department in accordance with section 24-72-305.6(3), C.R.S., or similar state or federal agency.
6.9.2	A person convicted of an election offense or an offense containing an element of fraud may not handle voter registration applications or conduct voter registration and list maintenance activities.
New Rule 7.5.1(e) concerning receipt and processing of ballots:
7.5.1	The county clerk must adequately light all stand-alone drop-off locations and use either an election official or a video security surveillance recording system as defined in Rule 1.1.43 to monitor each location.
(a)	Freestanding drop-off locations must be monitored when they are open to receive ballots.
(b)	If the drop-off location utilizes a drop-slot into a building, the ballots must be collected in a locked container, and both the drop-slot and container must be monitored.
(c)	Signage at each drop-off location must inform voters that it is a violation of law for any person to collect more than ten ballots for mailing or delivery in any election, and that electioneering is prohibited within 100 feet of any drop-box.
(d)	The minimum number of drop-off locations must be open during reasonable business hours as defined in Rule 7.9.1(a) and from 7:00 a.m. through 7:00 p.m. on election day.
(e)	Video security surveillance is an election record under section 1-1-104(11), C.R.S. and must be retained by the county clerk in accordance with section 1-7-802, C.R.S.
Amendments to Rule 8.1.5 concerning watchers:
8.1.5	A watcher must complete a training provided by or approved by the Secretary of State before observing election activities where confidential or personally identifiable information may be within view. To verify completion of the training, a watcher must provide his or her training certificate of completion with the Certificate of Appointment.
Amendments to numbering in Rule 8.7.4:
8.7.4	Watchers must remain outside the immediate voting area while an elector is voting. The six-foot limit in Rule 1.1.27 applies only to voting.
Amendments to Rule 9.2 regarding mail ballot challenge:
9.2	challenging a mail ballot voter
9.2.1	If an individual challenges a mail ballot under section 1-9-207, C.R.S., the election judge must forward the ballot to two other election judges of different political party affiliations who must review the elector’s eligibility to vote.
(a)	If both election judges determine the elector is not eligible under section 1-9-207, C.R.S., the judges must follow the procedures in section 1-7.5-107.3(2), C.R.S.
(b)	If both election judges determine the elector is eligible and that elector’s signature is valid, the election judges must count the elector’s ballot.
9.2.2	Unless the challenge is withdrawn, the county clerk must notify a voter whose ballot was challenged. The notification must include a copy of the challenge form, the disposition of the ballot, and a statement that the matter will be referred to the district attorney under section 1-9-209, C.R.S. The county clerk must provide a copy of the notification to the challenger upon request.
Amendments to Rule 10.5.2 regarding the state portion of the abstract:
10.5.2	A county must submit the state portion of the abstract and the ENR upload required by Rule 11.10.5 to the Secretary of State in the format approved by the Secretary of State. The state portion of the abstract must include:
(a)	The summary of votes cast for each state race and each ballot question or issue; and
(b)	The total number of ballots counted in the election.
Amendments to Rule 10.11.2 regarding testing recount equipment:
10.11.2	The county clerk must test all optical scanners that will be used in the recount. The purpose of the test is to ensure that the tabulation machines are counting properly.
(a)	The test deck must include 50 ballots or 1% of the total number of ballots counted in the election, whichever is greater, except that the total number of ballots tested may not exceed the total number of ballots comprising the county’s test deck for the Logic and Accuracy test before the election. The ballots must be marked to test every option for the race or measure that will be recounted.
Amendments to Rule 10.11.3 regarding testing recount equipment: 
10.11.3	The county clerk must test the VVPAT records from 1% of the DREs that had votes cast on the ballot style containing the race or measure being recounted.
(a)	Sworn judges or staff must manually verify the results on the machines selected for the test.
(b)	The test is limited to the race or measure that is recounted.
Amendments to Rule 10.12.4(d) regarding recounting ballots using “Ballot Now”:
10.12.4	To recount ballots using “Ballot Now”:
(d)	Save all recount Cast Vote Records to the MBBs after verifying that the number of ballots processed matches the number of votes cast in the recount contest.
Amendments to Rule 10.12.7 regarding recounting ballots by hand:
10.12.7	Tabulation of ballots must be completed through a precise, controlled process that ensures each container of ballots is retabulated and resealed before tabulation of the next container begins.
Amendments to Rule 10.13.1 regarding canvass and reporting results for a recount:
10.13.1	Totals of recounted ballots must be reported in summary form as follows:
(a)	Sum total of votes for each race or measure recounted, under-votes, and over-votes for each location;
(b)	The totals must be a combined total, not totaled by individual precincts or location, unless the tabulation system allows.
Amendments to Rule 11.3.2(d) regarding Logic and Accuracy Test:
11.3.2	Logic and Accuracy Test
(d)	Conducting the Test
(4)	The Testing Board and designated election official must count the test ballots as follows, if applicable:
(B)	DREs:
(i)	The Testing Board must test at least one DRE.
(ii)	The Testing Board must randomly select the machines to test.
(iii)	Each member of the Testing Board must separately cast his or her test ballots on the selected DREs. Each Testing Board member must cast at least one of his or her test ballots using the audio ballot playback and accessible input devices.
(iv)	Each Testing Board member must examine the tabulation tape or report and verify that the DRE results match what the Testing Board member manually marked on his or her test ballots.
Amendments to Rule 11.3.3 regarding post-election audit:
11.3.3	Post-Election Audit. The designated election official must conduct the post-election audit mandated by sections 1-7-509(1)(b) and 1-7-514, C.R.S., in accordance with this rule. 
(a)	Selected voting devices
(1)	No later than 48 hours after the close of polls on election night, the Secretary of State must notify the designated election official of the voting devices randomly selected for audit, based on the submitted hardware inventory list referred to in Rule 11.2.
(2)	The Secretary of State will randomly select, from the voting devices used in the election, at least five percent of the central count ballot scanners; at least one ballot scanner used at a polling location; and five percent of DREs.
(b)	The designated election official must appoint an audit board to conduct the post-election audit in accordance with section 1-7-509(1)(c), C.R.S. At least two canvass board members must observe the random audit. The designated election official, members of his or her staff, and other duly appointed election judges, may assist with the audit.
(c)	Number of ballots to audit
(1)	Paper ballots tabulated on ballot scanners. The board must audit at least 500 ballots or 20 percent of the ballots tabulated on each selected ballot scanner, whichever is less. The board may audit more than the minimum number of ballots required.
(2)	Electronic ballots tabulated on DREs. The board must audit all ballots tabulated on the selected DREs.
(d)	Conducting the audit
(1)	Paper ballots tabulated on ballot scanners
(A)	If the voting system is capable of generating batch-level tabulation reports for a selected ballot scanner, the board must randomly select a number of ballot batches tabulated on the ballot scanner that, in the aggregate, contain the minimum number of ballots to be audited. The board must manually verify that the votes on the ballots contained in each randomly selected batch match the voting system’s tabulation of votes for that batch.
(B)	If the voting system is not capable of generating batch-level tabulation reports for a selected ballot scanner, the board can choose to audit all of the ballots that were tabulated on the selected scanner, or randomly select and rescan the minimum number of ballots to be audited. If the board chooses to rescan the minimum number of ballots, the board also must:
(i)	Reset the selected ballot scanner’s results to zero and generate a zero report;
(ii)	Rescan the randomly selected ballots for audit and generate a tabulation report from the selected ballot scanner; and
(iii)	Manually verify that the votes on the randomly selected ballots match the tabulation report for those ballots generated from the selected ballot scanner.
(2)	Ballots tabulated on DREs. The board must examine the VVPAT record of each selected DRE and manually verify that the votes reflected on the VVPAT match the tabulation report.
(e)	If the board discovers discrepancies during the audit, the board must:
(1)	Confirm that the manual count of the votes contained in the audited ballots is correct;
(2)	Confirm that the manual count of the votes contained in the audited ballots properly reflects overvotes, stray marks on the ballot, and other indications of voter intent; 
(3)	Determine whether any discrepancy is attributable to a damaged ballot; and
(4)	Take any other action necessary in accordance with the canvass board’s powers as described in Part 1, Article 10 of Title 1, C.R.S.
(f)	The designated election official must report the results of the audit in writing to the Secretary of State by 5:00 p.m. on the last day to canvass. The audit report may be submitted by mail, fax, or email. The audit report must contain:
(1)	The make, model, and serial number of the voting devices audited;
(2)	The number of ballots originally counted on each device or the number of ballots audited;
(3)	The count of the specific races on the summary report printed at the close of polls or the report generated for the audit;
(4)	The count of the specific races as manually verified;
(5)	Any other information required by section 1-7-514, C.R.S.; and
(6)	The signatures of the audit board, the canvass board members who observed the audit, and the designated election official.
(g)	The designated election official must segregate and seal the materials used during the post-election audit, including all tabulation reports, the audited ballots, and the audit report. 
Amendments to Rule 11.10.1 concerning election night reporting:
11.10	Election Night Reporting. The county must use the Secretary of State’s Election Night Reporting (ENR) system to report results for all primary, general, coordinated, and recall elections in accordance with this Rule.
11.10.1	A data entry county must upload a results data file to ENR containing the election results on the dates and times specified in Rules 11.10.3 through 11.10.5. The county must program its election database so that the results file exported from the voting system is formatted in accordance with the following requirements:
(a)	Contest names:  Except as otherwise provided in subsections (1) – (3) of this Rule, the results file must contain the contest names as they are certified for the ballot.
(1)	For primary elections, the county must append to the end of the certified contest name the SCORE abbreviation of the political party affiliation of the candidates in the contest (e.g., “United States Senator – Dem,” “State Senator – District 21 – REP,” “County Treasurer – Lib,”).
(2)	For ballot measures other than judicial retention questions, the contest name must include the political subdivision that referred the measure to the ballot, the ballot measure type, and the number or letter as it appears on the ballot (e.g., “Adams County Ballot Issue 200,” “City of Brighton Ballot Question 5A,”).
(3)	For Judicial Retention Questions, the contest name must include the court and the title and last name of the justice or judge standing for retention (E.g., “Supreme Court – Justice Erickson,” “Court of Appeals – Judge Jones,” “1st Judicial District– Judge Smith,” “Adams County Court – Judge Doe,”).
(b)	Contest order: Except as otherwise provided in subsections (1) – (4) of this Rule, the results file must list the contests in the same order as they are certified for the ballot.
(1)	For primary elections, the results file must list the contests in the order prescribed by section 1-5-403(5), C.R.S., grouped in ascending alphabetical order of the abbreviated names of the participating major political parties, followed by the abbreviated names of participating minor political parties and qualified political organizations (e.g., “United States Senator – DEM,” “United States Senator – REP,” “United States Senator – GRN,” “United States Senator – LIB,” “United States Senator – UNI,”).
(2)	The results file must list ballot measures in the order certified by the Secretary of State, followed by the ballot measures certified by other participating political subdivisions in the order and using the numbering conventions specified in Rule 4.5.2(f).
(3)	A county using the Dominion, Hart, or Sequoia voting system must include and populate the contest sequence number field in its results files to define the order of contests on the ballot as required by this Rule.
(4)	A county using the ES&S or Premier voting system must include and populate the contest ID field in its results file to define the order of contests as required by this Rule.
(c)	Candidate names:  The results file must include candidates’ names in proper case and include periods following initials (e.g., “John A. Smith”), and may not include the name or abbreviation of the candidate’s political party.
(d)	Precinct names:  If a county reports results by precinct, its results file may only include the ten-digit precinct number from SCORE.
(e)	Provisional results:  The results file must include a “provisional” precinct or counting group as a placeholder for separately reported provisional ballot results if required by section 1-8.5-110(2), C.R.S.
[Rule 11.10.2 is retained, unaltered]
Amendments to Rule 11.10.3:
11.10.3	No later than 14 days before the election, a data entry county must upload the LAT results file to ENR. At a minimum, the LAT results file must contain the results of the complete county test deck required under Rule 11.3.2(c)(1).The county must also provide the Secretary of State with a summary results report for the LAT results file.
Amendments to Rule 14.2 concerning voter registration drive training:
14.2	Training
14.2.1	To receive a VRD number, the VRD organizer must successfully complete the online training and test provided by the Secretary of State and submit a Statement of Intent and Training Acknowledgment form to the Secretary of State.
14.2.2	Before circulating, a VRD circulator must complete a training provided by the VRD organizer and submit a Training Acknowledgment form to the VRD organizer. The training must include, at a minimum, the content contained in the Secretary of State’s circulator training.
14.2.3	The VRD organizer training is provided online, but a VRD organizer may schedule a time to view the training at the Secretary of State’s office.
14.2.4	After completing the VRD organizer training, the VRD organizer must complete the training test and answer the questions 100% correctly before the Secretary of State will issue a VRD number.
14.2.5	After completing the VRD organizer training and test, the VRD organizer must sign a Statement of Intent and Training Acknowledgment Form confirming that the training and test have been completed and that he or she was informed of rules, laws and penalties relating to voter registration drives.
14.2.6	A VRD organizer must complete the training and test every calendar year in which he or she intends to conduct a VRD.
14.3	Number Assigned
14.3.1	After successful completion of the required training and test, and submission of the Statement of Intent and Training Acknowledgment Form, the Secretary of State will assign a unique number to the VRD. After issuing a unique number to the VRD, the Secretary of State will:
(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.
14.3.2	All assigned VRD numbers are valid through December 31 of the year that the number is assigned.
14.3.3	The VRD must assign each circulator a unique circulator identification number and maintain a record of each number issued. The circulator identification number must begin with the VRD’s five-digit identification number (e.g., 16-999-0001).
Amendments to Rule 14.4 concerning Voter Registration Drive voter application forms:
14.4	Voter Registration Drive Voter Application Forms
14.4.1	The Secretary of State will approve a standard Colorado Voter Registration Drive Application Form. The VRD may also use the National Mail Voter Registration Form.
14.4.2	A VRD organizer can obtain Colorado Voter Registration Drive Application Forms from County Clerks and the Secretary of State.
14.4.3	The organizer is responsible for placing the VRD number on the application form.
14.4.4	The VRD organizer must receive a VRD number before he or she can receive the approved Colorado Voter Registration Drive Application Forms.
14.4.5	The circulator must include his or her unique circulator identification number on each voter registration form he or she submits.
14.4.6	Any voter registration drive that provides a voter registration application on its website or a link to such voter registration form must direct the applicant to return the completed form directly to the county clerk of the applicant’s legal residence. No VRD may provide a voter registration form on its website or a link to such voter registration form which instructs or directs, in any way, the applicant to return the completed form to anyone or any group other than directly to the county clerk of the applicant’s legal residence or, in the case of overseas electors or UOCAVA electors, the county clerk or the Secretary of State.
14.4.7	A VRD organizer or circulator must provide the applicant a blue or black ink pen to complete the application, and may not highlight or otherwise mark the approved voter registration drive application form other than to write the VRD number and circulator information.
Amendments to Rule 18 concerning uniform ballot counting standards:
Rule 18.	Uniform Counting Standards for Paper Ballots
18.1	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 returns at least one page of a multiple page printed ballot will be considered to have voted and the county clerk or designated election official must count the votes on the submitted pages. The county clerk must not count votes on additional pages returned at a later time. The county clerk must appropriately mark, set aside, and preserve the ballots as election records in accordance with section 1-7-802, C.R.S.
18.2	Standards for hand counting paper ballots
18.2.1	In accordance with section 1-7-309, C.R.S., and Rule 18.5, judges counting ballots must consider the intent of the voter.
18.2.2	If a race or ballot measure is overvoted, the judges must not count any vote for that race or ballot measure.
18.2.3	If a race or ballot measure contains no markings by the voter, no tally will be made for that race or ballot measure. But all other candidate races or ballot measures properly marked by the voter on the ballot must be counted.
18.2.4	A ballot which has no markings for any candidate races or ballot measures must be tallied as a blank ballot.
18.3	Standards for counting paper ballots on ballot scanners
18.3.1	Procedures for counting paper ballots on ballot scanners at polling locations
(a)	To the extent permitted by its voting system, the county must program ballot scanners to sort ballots with write-in votes to a segregated bin of the ballot box or digital media and to initially reject blank ballots and ballots with overvotes.
(b)	Voters whose ballots are initially rejected by a ballot scanner as a blank or overvoted ballot must be given the opportunity to review and correct their ballot. If after review, a voter requests to submit the blank or overvoted ballot as originally marked, an election judge must assist the voter by overriding the initial rejection setting on the ballot scanner.
(c)	At the conclusion of voting, ballots with write-in votes must be delivered to the central count location in a secure container for resolution in accordance with Rule 18.5.3.
18.3.2	Procedures for counting paper ballots on ballot scanners at central count locations
(a)	Before tabulation, a resolution board must duplicate damaged ballots, and may duplicate ballots with marks that may identify the voter, in accordance with Rule 18.4. Election judges may visually inspect every ballot for the limited purpose of segregating damaged ballots and ballots with marks that may identify the voter.
(b)	A county must sort ballots requiring resolution according to the capabilities of its voting system.
(1)	If a county’s voting system supports digital ballot resolution, the county must program the voting system to digitally queue for resolution blank ballots, ballots with write-in votes, and ballots with overvotes. Ballots with marginal or ambiguous markings must be sorted according to the system provider’s specifications, or, if different, the applicable Conditions of Use issued by the Secretary of State. The digitally queued ballots must be resolved by election judges in accordance with Rule 18.5.
(2)	If a county’s voting system does not support digital ballot resolution, the county must program the central count ballot scanners to reject or sort blank ballots and ballots with overvotes, and to sort ballots with write-in votes. The resolution board must resolve all ballots initially rejected and sorted by the central count ballot scanners in accordance with Rule 18.5.
(c)	A resolution board must resolve ballots sorted or rejected for resolution.
(1)	In partisan elections, a resolution board must consist of at least two election judges affiliated with different major political parties.
(2)	In nonpartisan elections, a resolution board must consist of at least two election judges.
(3)	In counties with a voting system that does not support digital resolution, the county must have at least one resolution board. 
(4)	In counties with a voting system that supports digital resolution, a resolution board must work at each resolution workstation. 
(5)	The members of a resolution board for an election may change, but all members of the resolution board at any particular time must satisfy the eligibility requirements specified in this Rule 18.3.2(c).
18.4	Ballot Duplication
18.4.1	A resolution board must duplicate a voter’s choices or selections on a damaged ballot onto a blank ballot of the same ballot style in accordance with Rule 18.4. During the duplication process, and to the extent necessary, the resolution board must also resolve overvotes, write-in votes, and ambiguous markings in accordance with Rule 18.5. During ballot duplication, two additional election judges must observe or review the work of each resolution board. In a partisan election, the observing election judges must be representatives of each major political party.
18.4.2	A resolution board must review the original ballot and the duplicated ballot, and consult the Voter Intent Guide if necessary, to ensure that each damaged ballot has been properly and accurately duplicated.
18.4.3	In order to match each damaged ballot to its corresponding duplicated ballot, the resolution board must identify and mark each damaged and duplicated ballot with the type of ballot and a unique number, similar to the following example: mark the damaged ballot “Orig 0001,” and the counterpart duplicated ballot “Dupe 0001.”
18.4.4	The resolution board must maintain a written log itemizing all damaged ballots that it duplicates. The duplication log must include at least each damaged and duplicated ballot’s unique number, the date on which it was duplicated, the reason for duplication, and the printed names and signatures of the members of the resolution board.
18.4.5	A county clerk must count duplicated ballots in the same manner as all other paper ballots.
18.4.6	Before retention for storage, the resolution board must deposit all duplicated ballots and duplication logs in a sealable container that is clearly marked to identify its contents (e.g., “damaged ballots”). The county must maintain chain-of-custody and seal logs for the damaged ballot container at all times during the statutory election records retention period.
18.5	Ballot Resolution
18.5.1	A resolution board must resolve all blank ballots and ballots with overvotes, write-in votes, and ambiguous markings in accordance with the Secretary of State’s Voter Intent Guide.
18.5.2	Resolution of blank ballots. A resolution board must examine blank ballots to determine if the ballot is a true blank ballot or one that has been marked in a manner or medium that was not detected by the voting system. 
(a)	Counties without digital resolution capability. If the ballot is truly blank, the resolution board must re-scan the ballot and override the initial rejection setting. If the ballot is marked in a manner or medium that can be discerned by the resolution board but cannot be tabulated by the voting system, the resolution board must duplicate the ballot in accordance with Rule 18.4 and, to the extent necessary, resolve the ballot in accordance with Rule 18.5.
(b)	Counties with digital resolution capability. If the ballot is truly blank, the resolution board must record the ballot as a blank ballot in the voting system’s resolution application. If the ballot is marked in a manner or medium that can be discerned by the resolution board but cannot be tabulated by the voting system, the resolution board must resolve the ballot in the voting system’s resolution application in accordance with Rules 18.5.2(b) and 18.5.3.
18.5.3	Resolution of write-in votes
(a)	If a voter designates a vote for a named candidate on the ballot and writes in the name of the same candidate in the write-in area, the vote for the named candidate must be counted.
(b)	If a voter votes for a named candidate in a ballot contest and writes in the name of a different candidate in the write-in area, the resolution board must resolve the markings as an overvote if the number of chosen candidates exceeds the maximum number of choices for that ballot contest.
(c)	During any recount, if the number of undervotes in a ballot contest could change the outcome if attributed to an eligible write-in candidate, votes for that candidate must 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.
Amendments and numbering corrections to Rule 21.4.12(d)(5):
(d)	The VVPAT must meet the following design requirements:
(5)	Print and store paper record copies of at least 75 voted ballots without requiring the paper supply source, ink or toner supply, or any other similar consumable supply to be changed, assuming a fully printed double sided 18 inch ballot with a minimum of 20 contests.
Numbering corrections to Rule 21.4.14:
21.4.14	Ballot-level Cast Vote Records and Exports. All voting systems certified by the Secretary of State for use in Colorado on or after January 1, 2016 must meet the following requirements for ballot-level cast vote records and exports on or before December 31, 2016:
(a)	The voting system must capture a ballot-level cast vote record (CVR) consisting of a single record for each ballot tabulated, showing the manner in which the voting system interpreted and tabulated the voter’s markings on the ballot, as adjudicated and resolved by election judges, if applicable.
(b)	The voting system must be able to aggregate in a single file and export all CVRs in comma-separated value (CSV) text format.
(c)	The CVR export must contain the following fields, with values or data populated by the voting system:
(1)	CVR Number. A sequential number from one to the number of CVRs in the export file. This can be used as an alternate method to identify each CVR.
(2)	Batch ID. Identifies the batch in which the paper ballot corresponding to the CVR is located.
(3)	Ballot Position. Identifies the position of the paper ballot corresponding to the CVR within the batch. 
(4)	Imprinted ID. If the scanner model supports imprinting a unique character string on the ballot during the scanning process, the voting system must populate this field with the unique character string.
(5)	Ballot Style. Indicates the ballot style of the paper ballot corresponding to the CVR.
(6)	Device ID. Identifies the scanning device by model, serial number, and/or scanning station identifier.
(7)	Contest and Choice Names. Each contest and choice on any ballot in the election must have its own field so that voters’ choices in all contests can be easily and independently tabulated after the CVR export is imported into a spreadsheet application.
(d)	The header or field names in the CVR export must unambiguously correspond to names of the contests and choices on the paper ballots. 
(e)	The contests and choices must be listed in the same order as they appear on the ballots.
(f)	A vote for a choice must be indicated by a “1”. No vote for a choice or an overvoted condition must be indicated by a “0”. Choices that are not applicable to the CVR must be left blank.
Numbering corrections and amendments to Rule 21.4.15(d):
(d)	The ENR export file must include the following items or fields:
(1)	Precinct Name. If the county defines the election to report results by precinct, an alphanumeric string consisting of a 10-digit precinct code.
(2)	Ballot Style Name. If the county defines the election to report results by ballot style or district, a unique, alphanumeric string for each ballot style.
(3)	Precinct ID. If the county defines the election to report results by precinct, a unique integer for each precinct or precinct split.
(4)	Registered Voters. The number of registered voters eligible to vote each unique ballot style, or in each precinct or precinct split, as applicable.
(5)	Ballots counted. The number of ballots counted for each unique ballot style, or each precinct or precinct split, as applicable.
(6)	Contest Name. The contest name as it appears on the ballots. If the contest name contains carriage return(s) for ballot formatting purposes, then the carriage return(s) must not appear in the export.
(7)	Contest ID. A unique integer for each contest.
(8)	Contest Sequence Number. A unique integer that defines the sequence of contests as they appear on the ballots.
(9)	Votes Allowed. The maximum number of choices that a voter may select in each contest (e.g., “Vote for 2”).
(10)	Choice Name. The choice name as it appears on the ballots. Party affiliation may not be included in the choice name.
(11)	Choice ID. A unique integer for each choice within a contest.
(12)	Party Code. An indicator of party affiliation for each choice, if applicable.
(13)	Vote Count. The total number of votes for each choice.
(14)	Reporting Flag. The reporting flag field must contain a value of “0”.
(15)	Precinct Sequence Number. A unique integer that defines the sequence of precincts.
(16)	Choice Sequence Number. A unique integer that defines the sequence of candidates as they appear on the ballot.
Amendments to Rule 21.5.2(e) regarding testing preparation procedures: 
21.5.2	General testing procedures and instructions
(e)	Ballots must 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, in-person, mail, and provisional ballots. Ballots may be run through components more than one time depending on components and counter group being tested to achieve a minimum number of ballots counted as follows for each group:
(1)	Polling location / OS = 1,000;
(2)	Polling location / DRE or BMD = 500;
(3)	Mail = 1, 500; and
(4)	Provisional = 500.