Gigi Dennis
Secretary of State

 STATE OF COLORADO
 Department of State
 1700 Broadway
 Suite 250
 Denver, CO  80290

William A. Hobbs
Deputy Secretary of State

Statements of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State 
Amended and Revised Rules (Rule 12.4, 12.12, 13.6, 25, 27.2, and 47)
Colorado Secretary of State Election Rules
As Amended October 10, 2006

1.	Basis and Purpose

This statement pertains to the amendments and revisions to the Colorado Secretary of State Election Rules for the administration of Colorado State Constitution Article VII, and Article 1, Title 1 of the Colorado Revised Statutes.  The amendments are implemented to achieve the uniform and proper administration and enforcement of the election laws of the State of Colorado, specifically, with regard to the requirements of, SB06-062 and the requirements of the “Help America Vote Act of 2002”, P.L. No. 107-252. See sections 1-1.5-101 et seq., C.R.S. (2006).

The amendments and revisions to these rules are necessary for the implementation of Article VII of the Colorado Constitution and Article 1, Title 1 of the Colorado Revised Statutes.  The Secretary of State finds that the adoption and enactment of these amendments and revisions is necessary in order to comply with the requirements of SB06-062, to provide uniform guidance for the administration of the 2006 general election, and to further increase the transparency and security of the election process.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the permanent adoption of the amendments and revisions to the Election Rules is necessary both to comply with law and to preserve the public welfare generally.

2. 	Statutory Authority

Amendments and revisions to the Colorado Secretary of State Election Rules are adopted pursuant to the following statutory provisions:

1. Section 1-1-107(2)(a), C.R.S. (2006), which authorizes the Secretary of State “[t]o promulgate, publish, and distribute . . . such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws.”  

2. Section 1-1.5-104(1), C.R.S. (2006), which provides that:
“The secretary may exercise such powers and perform such duties as reasonably necessary to ensure that the state is compliant with all requirements imposed upon it pursuant to HAVA . . . including, without limitation, the power and duty to: 
(e) Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S., as the secretary  finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article.”