COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

As amended February 19, 2010 - Redline

Additions to the current rules are reflected in small caps.  Deletions from current rules are shown in stricken type.   
Rule 2.18 is amended as follows:
2.18	List Maintenance Pursuant to section 8 of the National Voter Registration Act of 1993.
2.18.1	When a voter information card or confirmation card is returned by the United States Postal Service to the county clerk and recorder as undeliverable, the county clerk and recorder shall mark the voter’s record “Inactive – returned mail” and in the case of a returned voter information card, shall mail a confirmation card.
2.18.2	National Change of Address (NCOA).  Counties may utilize the NCOA to send mailings to electors who may have moved to request that the electors update their voter registration records.  However, no county may update the registration address of any registration record or change the status of an elector to “inactive”  based solely upon the information provided by NCOA. No later than June 1 of every odd-numbered year, the Secretary of State shall utilize the NCOA service to compare the records of all voters marked “Inactive – failed to vote” with the NCOA database.
a. 	The Secretary of State shall forward a list to each county clerk and recorder of the records that appear to have a change of address based upon the NCOA comparison.
b.	The county clerk and recorder shall send a confirmation card to each voter who appears to have a change of address and shall mark the record “Inactive – NCOA”. 
2.18.3	In accordance with section 1-2-605(7), C.R.S., no later than 90 days following a General Election, the county clerk and recorder in each county shall cancel only the registrations of electors who have met the following requirements:
a.	Whose records have been marked “Inactive – returned mail”, “inactive – undeliverable”, “Inactive – NCOA” or “Inactive – undeliverable ballot”; 
b.	 Who have been mailed a confirmation card; and
c.	Who have since failed to vote in two consecutive federal General elections.
Rule 2.20 is amended as follows:
2.20	Voter registration status designations.
2.20.1	Definitions
a.	“Active status” or “active record” means that there are no conditions or restrictions on the voter’s eligibility. 
b.	“Cancelled status” or “cancelled record” means that the voter’s registration has been cancelled or revoked based upon a determination that the voter is ineligible, or the applicant has been deemed not registered in accordance with these rules and Title 1, C.R.S.; or the voter has withdrawn their registration.
c.	“Inactive – failed to vote status” means that the voter was active prior to a general election General Election, but subsequently failed to vote in that general election General Election. 
d.	“Inactive – NCOA status” means that the county clerk and recorder has received information from the United States Postal Service National Change of Address service. 
ed.	“Inactive – returned mail status” or “inactive – undeliverable status” means that a voter information card or confirmation card was returned to the county clerk and recorder by the United States Postal Service as undeliverable. 
fe.	“Inactive – undeliverable ballot status” means that a voter was mailed a ballot that was subsequently returned to the county clerk and recorder by the United States Postal Service as undeliverable. 
2.20.2.	Effect of voter registration status designation
a.	Active status or active record voters’ names will appear on the poll book, they will be sent a ballot in a mail ballot election, and they will be sent election notice mailings. 
b. 	Cancelled status or cancelled record voters’ records will remain in the statewide voter registration database; however, their names will not appear on the poll book, they will not be sent a ballot in a mail ballot election, and they will not be sent election notice mailings.
c.	Inactive – failed to vote status voters are eligible voters; their names will appear on the poll book and they will be sent election notice mailings. Inactive – failed to vote voters will be sent a ballot in a mail ballot election where specifically required by sections 1-7.5-107 and 1-7.5-108.5(b), C.R.S.
d.	Inactive – NCOA status voters are eligible voters and their names will appear on the poll book. However, they will not be sent a ballot in a mail ballot election and they will not be sent election notice mailings. 
ed.	Inactive – returned mail status or inactive – undeliverable status voters are eligible voters and their names will appear on the poll book. However, they will not be sent ballots in a mail ballot election and they will not be sent election notice mailings. 
fe.	Inactive – undeliverable ballot status voters are eligible voters and their names will appear on the poll book. However, they will not be sent a ballot in a mail ballot election and they will not be sent election notice mailings.
[Sections 1-2-605(3) and (11), 1-5-206, 1-7-110, 1-7.5-107, and 1-7.5-108.5, C.R.S.]