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

Rules as Adopted - Redline

August 15, 2012

 (Additions to the current rules are reflected in small caps and deletions from current rules are shown in stricken type.):
Amendments to Rule 2.7.4:
2.7.4	If an applicant for voter registration fails to provide his or her gender the application shall be treated as “incomplete; however, if the applicant submits a photocopy of his/her driver’s license or other approved form of ID which includes the applicant’s gender, then the county may enter “male” or “female” as reflected on the card into the applicant’s record and consider the application “complete”. Repealed.
New Rule 2.7.5:
2.7.5	If the county clerk and recorder notifies an applicant that his or her application is incomplete, and the applicant does not provide the additional information necessary to complete the application within 24 months after the county clerk sent the notification, the applicant must reapply in order to register to vote. (Section 1‑2‑509(2), C.R.S.)
Amendments to Rule 2.11:
2.11	Changes to an elector’s voter registration status.
2.11.1	For the purposes of section 1-2-605(4)(a), C.R.S., an An elector may update to a voter's his or her inactive registration information to change the voter's status to active status from inactive to active must be provided  by submitting 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.)	An online voter registration application; or	
(c)	An Oral in-person request in person when voter presents with identification.
[Section 1-2-605(4)(a), C.R.S.]
2.11.12	 In the case of the applicant’s If an elector is unable to sign, another person must witness 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. The stamp is treated as a signature and does not require a witness.
Amendments to Rule 2.19.1:
2.19.1	“Confirmation card” means a forwardable, postage prepaid mailing using the form prescribed by the Secretary of State by forwardable mail that includes a registration form so that the voter may update his or her registration or request a mail-in ballot. The mailing shall be postage prepaid and have a returnable portion that is preaddressed to the sending county clerk and recorder.
Amendments to Rules 8.6, 8.7, and 8.8:
8.6	Watchers shall be are subject to the provisions of section 1-5-503, C.R.S.
8.6.1	The “immediate voting area” is the area that is within six feet of the voting equipment, voting booths, and the ballot box.
8.6.2	The designated election official must position the voting equipment, voting booths, and the ballot box so that they are in plain view of the election officials and watchers.
8.6.3	Watchers are permitted to witness and verify the conduct of elections and recount activities. Witness and verify means to personally observe actions of election judges in each step of the conduct of an election. 
(a)	The conduct of election includes polling place and early voting, and ballot processing and counting. 
(b)	Watchers must remain outside the immediate voting area.
(c)	Watchers may be present at each stage of the conduct of the election, including the receiving and bundling of the ballots received by the designated election official. 
(d)	Watchers may be present during provisional ballot processing but may not have access to confidential voter information.
(e)	The number of watchers permitted in any room at one time is subject to local safety codes.
8.6.4	Watchers may witness and verify activities described in Article I, Section 7 that are outside the immediate voting area, including ballot processing and counting.
8.6.5	Watchers appointed under section 1-10.5-101(1)(a), C.R.S., may observe the canvass board while it performs its duties.
8.6.6	Watchers may track the names of electors who have cast ballots, challenge electors under section 1-9-203, C.R.S., and Rule 48, and submit written complaints in accordance with section 1-1.5.105, C.R.S., and Rule 31.
8.7	What Watchers May Observe.  Duly appointed Watchers may observe polling place voting, early voting and the processing and counting of precinct, provisional, mail, and mail-in ballots. For mail ballot elections, or mail-in ballot processing, watchers may be present at each stage of the election including the receiving and bundling of the ballots received by the designated election official.  Watchers may be present during provisional ballot processing but may not have access to confidential voter information. Watcher oath. In addition to the oath required by section 1-7-108(1), C.R.S., a watcher must affirm that he or she will not:
8.7.1	Attempt to determine how any elector voted or review confidential voter information;
8.7.2	Disclose any confidential voter information that he or she may observe; or
8.7.3	Disclose any results before the polls are closed and the designated election official has formally announced results.  
8.8	Limitations of Watchers. Duly appointed Watchers may observe election judges but may not:
8.8.1	interrupt Interrupt or disrupt the processing, verification and counting of any ballots or any other stage of the election. 
8.8.2	Watchers may track the names of electors who have cast ballots by utilizing their previously obtained lists, but may not write Write down any ballot numbers or any other identifying information about the electors.  
8.8.3	Watchers may not handle Handle the poll books, official signature cards, ballots, mail ballot envelopes, mail-in ballot envelopes, or provisional ballot envelopes, voting or counting machines, or machine components.  
8.8.4	Watchers shall not interfere Interfere with the orderly process and conduct of any election process, including issuance of ballots issuance, receiving of ballots, and voting or counting of the ballots.  
8.8.5	Watchers may not be allowed to interact Interact with election officials or election judges as defined in section 1-1-104(10), C.R.S., except that each except for the individual designated by the election official. shall name at least one individual in each precinct polling place or election location to whom Watchers may direct questions or from whom watchers may seek requested information.
Amendments to Rule 8.15
8.15	Removal of watchers Watchers. 
8.15.1	A designated election official may remove a watcher upon finding that the watcher:
(a)	Watchers who commit, encourage, or connive in any Commits or encourages fraud in connection with their his or her duties;, who violate any of the election laws, who 
(b)	v Violates any of these any of the limitations outlined in Rules 8.8;, who 
(c)	v Violates their his or her oath;, or who hamper or interfere with the election process may be removed by the designated election official.or  
(d)	Is abusive or threatening toward election officials or voters.
8.15.12	If a watcher is removed Upon removal of a watcher, the designated election official shall immediately must inform the political party, candidate, or committee who appointed the watcher via telephone, email, and/or other means.
8.15.23	A removed watcher may be replaced by an alternate watcher duly designated pursuant to in accordance with sections 1‑7‑105, 1‑7‑106, or 1‑7‑107, C.R.S. Any designated election official who removes a watcher shall must, to the best of his/her the official’s ability, expeditiously certify the appointment of any duly appointed person to replace a removed watcher.
Amendments to Rule 9.1:
Rule 9.  Rules Concerning Voting Assistance to Disabled Voters for electors with disabilities 
9.1	A The county clerk and recorder must post a sign at the polling place or vote center providing substantially as follows shall be posted at the polling place/vote center that states:
NOTICE
VOTING ASSISTANCE FOR ELECTORS WITH DISABILITIES
Colorado law provides that a voter has protects a voter’s legal right to assistance in voting if assistance is needed because of blindness, or other physical a disability. or inability to read or write.  The following procedures apply: 
1.	The voter must If you require assistance, please inform an election judge. one of the election judges that he or she needs assistance.
2.	The voter may be assisted by any Any person, including an election judge or by any eligible elector selected by the voter may assist you.
3.	The person selected If you select a person other than an election judge, he or she must complete a Voter Assistance Form, which includes an oath ‘voter assistance/disabled voter self-affirmation form’ if all of the following apply that states:
●	The person selected is not an election judge; and
●	The person selected is not the spouse, parent, grandparent, sibling or child eighteen years of age or older, of the voter requesting assistance; and
●	The person selected has assisted any other voter at the same election in the same precinct. Section 1‑7‑111(1)(b), C.R.S.
●	The self-affirmation form states, ‘I, ……….., certify that I am the individual chosen by the disabled elector to assist the disabled elector in casting a ballot.’
4.	The person selected you select may provide any assistance needed by the voter you need, including entering the voting booth, and preparing the ballot, or operating the voting machine.
5.	The person providing assistance shall assisting you may not seek to persuade you or induce the voter you to vote in a particular manner.
6.	The election judges judge shall must record the name of each eligible elector assisted voter who receives assistance and the name of each the person assisting who provides assistance by making an entry in the pollbook or list of eligible electors (or by making an entry on the signature card when if preprinted signature cards are used in the place of a pollbook and list of eligible electors).
Amendments to Rule 10.6:
10.6	Printing primary election ballots.
10.6.1	If any a major political party, as defined in section 1-1-104(22.5), C.R.S., has nominated nominates more than one candidate for any office, whether by assembly or petition, the county clerk and recorder must conduct the primary election must be conducted for all major political parties.
(a)	The county clerk must print the ballot to include on the ballot all offices to which candidates may be nominated in the primary election.
(b)	If there are no candidates on the ballot for any particular office, the county clerk must print on the ballot “There are no candidates for this office”.
[Sections 1-4-101 and 1-4-104.5, C.R.S.; Election Rule 10.3]
10.6.2	If any a minor political party, as defined in section 1-1-104(23), C.R.S., has nominated more than one candidate for any office, whether by assembly or petition, the county clerk and recorder may conduct the primary election must be conducted for that party only.
(a)	The county clerk must print the ballot to include on the ballot only the races offices for which there is more than one candidate nominated designated.
(b)	If there is not more than only one minor party candidate nominated designated for any race office, the candidate is will be certified to the general election ballot.
[Sections 1-4-101, 1-4-104.5(3), and 1-4-1304, C.R.S.]
New Rule 10.7
10.7	Voiding ballots due to timely changes in address or affiliation.
10.7.1	If an elector submits a timely address or affiliation change after the county mails ballots or sends the voter file to the vendor, the county must void the first ballot and generate a second ballot.
(a)	If the county processes the change to the elector’s record after it sends the voter file to the vendor but before the vendor prints ballots, the county must provide the vendor a voided ballot file to prevent the vendor from printing and preparing voided ballots for mailing.
(b)	If the county processes the change to the elector’s record after the vendor has printed ballots but before the vendor mails ballots, the county must work with the vendor to make every reasonable effort to remove voided ballots before they enter the mail stream.
10.7.3	If the county mails its own ballots, the county clerk must remove all voided ballots before mailing.
10.7.4	If the county processes the change to the elector’s record after it mails ballots, the county must count the first ballot returned by the elector except as follows:
(a)	In the case of an affiliation change, the county must count the ballot issued for the new party affiliation.
(b)	In the case of an address change that results in a change of precinct, the county must count the ballot issued for the elector’s new address.
Amendments to Rule 12.4.1(a):
12.4	Mail Ballot Plans
12.4.1	Coordinated and non-partisan elections.
(a)	Written plan. As soon as possible, but The designated election official must submit a mail ballot plan to the Secretary of State no later than 55 days prior to before any other election, not including nonpartisan election, and 90 days before any election that is coordinated with or conducted by the county clerk and recorder. a Primary Election, a written plan The designated election official must be submitted to the Secretary of State which use the approved mail ballot plan template that includes the following:
Amendments to Rule 12.4.1(b)(2):
(2)	Recall election. If a non-partisan recall election is to will be held as a mail ballot election, the governing body the designated election official shall must submit a written plan to the Secretary of State within three business five calendar days of after calling the election. The Secretary of State will shall notify the governing body of the approval or disapproval approve or disapprove of the plan within two business five calendar days of receipt in accordance with section 1-12-111.5, C.R.S.
New Rule 12.4.1(d):
(d)	Request for ballot by inactive – failed to vote elector. In a coordinated or nonpartisan election, the designated election official may not mail a ballot to an elector whose registration record is marked inactive – failed to vote until the elector submits a registration update or a request for a ballot under Section 1-7.5-107(3), C.R.S., and Rule 12.11.
Amendments to Rule 12.4.2(a):
12.4.2	Primary Elections conducted as a mail ballot election.  
(a)	Written plan. Pursuant to Article 7.5 of Title 1, C.R.S., no later than 120 days prior to the election t The county clerk and recorder must submit a written mail ballot plan to the Secretary of State no later than 90 days before the election. The county clerk must use the approved mail ballot plan template that includes the following:
Amendments to Rule 12.11:
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 An elector may request a replacement ballot in-person beginning on the twenty-second day before the election and until ending at 7:00 p.m., MT on election day. If the elector wishes requests to receive the ballot by mail, the he or she must make 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.
12.11.3	Request for a replacement ballot by an active elector. An active elector may request a replacement ballot in person, by mail, fax, email, or telephone.
(a)	The elector must complete the self-affidavit on the approved form.
(b)	If the elector requests to receive the replacement ballot by mail, the designated election official may include the self-affidavit in the mail ballot packet. The elector must complete and return the self-affidavit no later than 7:00 p.m. MT on election day.
(c)	The designated election official must indicate on the outside of the return envelope that the elector must complete and return the self-affidavit. 
(d)	The designated election official may not count a replacement ballot unless the elector completed and returned the self-affidavit by the deadline.
12.11.4	An inactive elector in a nonpartisan mail ballot election will be issued a ballot if the elector submits a registration update or a ballot request. 
(a)	The inactive elector must submit a registration update or a written request for a ballot before the designated election official may mark the elector’s record active and issue the ballot. 
(b)	The elector may submit a registration update or written request form online, in person, by mail, fax, or email. 
(c)	The written request form must include the elector’s name, date of birth, residence address, and signature.
12.11.5	A military or overseas elector whose registration record is inactive or whose ballot request has lapsed may download an application and ballot using the electronic ballot delivery system.
(a)	The elector must submit the ballot and application in accordance with the deadlines in section 1-8.3-111 and 1-8.3.113, C.R.S., for the ballot to be counted.
(b)	Every county must use the approved electronic delivery system to implement this rule, except that a county may obtain a waiver. The Secretary will consider the following factors in approving or denying a request for waiver:
i.	Number of military or overseas electors registered to vote in the county; 
ii.	Historical data regarding the number of military and overseas electors who have registered and voted in the county; and
iii.	Staff or other resource limitations.
12.11.6	If a county clerk and recorder conducts a primary election by mail ballot, he or she must mail a ballot to an elector whose record is marked inactive – failed to vote in accordance with section 1-7.5-107(3)(a)(II)(A), C.R.S.
New Rules 13.19 and 13.20:
13.19	For any election that is not a primary mail ballot election, the designated election official may not issue a mail-in ballot to an elector whose record is marked inactive – failed to vote until the elector  submits a timely application for a mail-in ballot. 
13.20	A military or overseas elector whose registration record is inactive or whose ballot request has lapsed may download an application and ballot using the electronic ballot delivery system.
13.20.1	The elector must submit the ballot and application in accordance with the deadlines in section 1-8.3-111 and 1-8.3.113, C.R.S., for the ballot to be counted.
13.20.2	Every county must use the approved electronic delivery system to implement this rule, except that a county may obtain a waiver. The Secretary will consider the following factors in approving or denying a request for waiver:
(a)	Number of military or overseas electors registered to vote in the county; 
(b)	Historical data regarding the number of military and overseas electors who have registered and voted in the county; and 
(c)	Staff or other resource limitations.
Repeal and relocate Rule 26.1.6
26.1.6	Voter Access to Provisional Ballot Information Required by section 1-8.5-111, C.R.S.
26.1.6.1	The system shall be made available to the voter for no less than thirty (30) days following the date of the election.
26.1.6.2	The system shall provide access to information at no cost to the voter, regardless of the voter’s location, by toll-free telephone call, internet website, or other suitable medium, pursuant to 1-8.5-111, C.R.S. Repealed.
Amendments to Rule 26.10:
26.10	Treatment of the provisional ballot affidavit as an application for, or a change to registration
26.10.1	If an elector is not registered to vote and he or she completes a provisional ballot affidavit, is treated as the county clerk and recorder must treat the affidavit as an application for registration for future elections. in accordance with section 1-8.5-103(2), C.R.S., such The application shall be is subject to the requirements for of any other voter registration application.
26.10.2	In the case of an If a registered elector who is registered, if the completes a provisional ballot affidavit that contains changes to the elector’s registration, his or her record shall be updated the county clerk and recorder must update the elector’s registration record accordingly before marking the provisional ballot as accepted or rejected in the statewide voter registration database and before linking it to the elector’s record.
26.10.3	If the county clerk and recorder a provisional ballot is counted because it was determined that an elector was cancelled or consolidated an elector’s record in error, the clerk must reinstate or unconsolidate and update the elector’s record shall be reinstated or unconsolidated and updated accordingly before marking the elector’s provisional ballot as accepted or rejected in the statewide voter registration database and before linking it to the elector’s record.
New Rule 26.11:
26.11	Processing provisional ballot affidavits in the statewide voter registration database. Before closing an election, the county clerk and recorder must:
26.11.1	Enter all provisional ballot affidavits into the provisional module of the statewide voter registration database.
26.11.2	Link all provisional ballot affidavits to the appropriate elector’s record.
New Rule 26.12:
26.12	the county clerk and recorder must process all pollbooks or signature cards in the statewide voter registration database before processing provisional ballots.
New Rule 26.13:
26.13	Voter Access to Provisional Ballot Information
26.13.1	The Secretary of State will provide a provisional ballot lookup on the Secretary’s website.
26.13.2	The county clerk and recorder must number the provisional ballot envelope or affidavit stock using the standard numbering convention approved by the Secretary of State.
26.13.3	An elector may access the system during the 45 days following the election.
[Section 1-8.5-111, C.R.S.]
Amendments to Rule 29.1.1: 
29.1.1	When the election judge reviews the If a mail, mail-in, or provisional ballot return envelope pursuant to section 1‑7.5‑107.3, C.R.S., or mail-in ballot return envelope pursuant to section 1‑8‑114.5, C.R.S., or the provisional ballot return envelope pursuant to section 1‑8.5‑105(3)(a), C.R.S., and notices that the envelope lacks a signature, the election judge shall must contact the eligible elector in writing no later than two calendar days after election day. The designated election official must use the letter and form prescribed by the Secretary of State and keep a copy of the written notification shall be kept in an official file, which shall become as part of the official election record. Nothing in this rule shall be construed to prohibits the designated election official from calling the elector; however,. But a phone call shall may not substitute for notification to the elector in writing written contact. If the designated election official calls any elector he or she must call all electors whose affidavits are unsigned.
[Sections 1‑7.5‑107.3, 1‑8‑114.5, and 1‑8.5‑105(3)(a), C.R.S.]
Amendments to Rules 29.1.3 and 29.1.4:
29.1.3	The letter and missing signature affidavit form sent by the election official shall does not constitute a violation of violate section 1‑13‑801, C.R.S.
29.1.4	The letter or missing signature affidavit form shall must include the following language:
“Any person who knowingly violates any of the provisions of the election code relative to the casting of ballots or who aids or abets fraud in connection with any vote cast, or to be cast, or attempted to be cast shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. Section 1‑13‑803, C.R.S.”
Amendments to Rule 29.8:
29.8	The election official must use the form of the letter as well as and the signature verification form sent to the elector shall be approved by the Secretary of State. pursuant to section 1-1-109, C.R.S.
29.9	The letter and signature verification form sent by the election official shall does not constitute a violation of violate section 1-13-801 C.R.S.
Amendments to Rule 30.1.6(a):
30.1.6	“ID” as used in these rules shall means a copy of any of the following identification as defined in compliance with section 1‑1‑104(19.5), C.R.S., as a copy of one of the following: 
(a)	A valid Colorado driver’s license;
(b)	A valid identification card issued by the Department of Revenue in accordance with the requirements of Part 3 of Article 2 of Title 42, C.R.S.;
(c)	A valid U.S. passport;
(d)	A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;
(e)	A valid pilot’s license issued by the federal aviation administration or other authorized agency of the United States;
(f)	A valid U.S. military identification card with a photograph of the eligible elector;
(g)	A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector.  For example:
(I i)	A cable bill or telephone bill,;
(II)	Documentation from a public institution of higher education in Colorado containing at least the name, date of birth, and legal residence address of the student elector, 
(III ii)	A paycheck from a government institution or private company; or 
(IV iii)	A Certificate of Degree of Indian or Alaskan Native Blood.; or
(V)	A valid identification card issued by a federally recognized tribal government certifying tribal membership.  
(h)	A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services (formerly the United States Health Care Financing Administration); 
(i)	A certified copy of a U.S. birth certificate for the elector issued in the United States;
(j)	Certified documentation of naturalization; or
(k)	A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23‑3.1‑102(5), C.R.S.;
(l)	A valid veteran identification card issued by the United States department of veterans affairs veterans health administration with a photograph of the eligible elector; or
(m)	A valid identification card issued by a federally recognized tribal government certifying tribal membership.
Repeal and renumber Rules 32.1, 32.2, 32.3, and 32.4:
32.1	In any recall election of a partisan office, the successor nominee’s party affiliation shall be listed with his or her name on the ballot. Repealed.
32.23	Petition sufficiency occurs when upon review, it is established that the petition contains the required number of valid signatures. Repealed.
32.34	When a protest is filed, petition sufficiency is sustained upon conclusion of the protest when the designated election official or the district judge maintains that there are sufficient valid signatures. Repealed.
32.45	When an officer subject to being recalled resigns within the five days after the sufficiency of the recall petition has been sustained, the recall election does not go forward, and the position is declared vacant and filled according to statute. Repealed.
Amendments to Rule 41:
Rule 41.  Rules Concerning Canvassing
41.1	Definitions
(a)	“Canvass” shall means the audit function of the election and the process of reconciling the number of ballots counted to the number of voters who voted.  The canvass also includes the process of reconciling detailed ballot logs and Statement of Ballots Forms. 
41.1.1	“Canvass board” means a committee composed of the county clerk and recorder and the registered electors appointed by the major parties in accordance with section 1-10-101, C.R.S.
(b)41.1.2	“Canvass workers” shall means workers appointed or hired by the designated election official to assist in the preparation and conduct of the canvass.
41.1.3	“Statement of Ballots Forms” shall means the form used at the polling location pursuant to sections 1-7-505(2) and 1-7-601(2), C.R.S., that accounts for all ballots at that location and includes all information required by this rule.  The form includes information required by this rule. 
41.2	Appointment to the Canvass Board	
41.2.1	In all cases, the canvass board must consist of an odd number of members, and each member has equal voting rights.
41.2.2	For a partisan election, each major party may have no more than two representatives on the canvass board. The board must include an equal number of representatives from each major party, unless a major party fails to certify representatives for appointment. 
41.2.3	Each major party representative on the canvass board must be registered to vote in the county where the representative will serve and affiliated with the party he or she represents.
41.2.4	A candidate for office and members of the candidate’s immediate family may not serve on the canvass board. 
41.3	Duties of the Canvass Board
41.3.1	The canvass board must make its determinations by majority vote in accordance with section 1-10-101.5(3), C.R.S.
41.3.2	The canvass board’s duties are:
(a)	Conduct the canvass in accordance with section 1-10.5-101, C.R.S., including:
i.	Account and balance the election and certify the official abstract of votes; 
ii.	Reconcile the number of ballots counted to the number of ballots cast; and
iii.	Reconcile the number of ballots cast to the number of voters who voted by reviewing the reconciled detailed ballot logs and Statement of Ballots;
(b)	Observe the post-election audit in accordance with section 1-7-514(4), C.R.S., and Election Rule 11.5.4;
(c)	In coordination with the county clerk and recorder, investigate and report discrepancies found in the audit under section 1-7-514(2), C.R.S.; and
(d)	Conduct any recount in accordance with section 1-10.5-107, C.R.S., and Election Rule 14. The canvass board’s role in conducting a recount includes selecting ballots for the random test, observing the recounting of ballots, and certifying the results.
41.3.3	If the board identifies a discrepancy in the Statement of Ballots, the Board may review the particular ballots at issue to identify, correct, and account for the error.
41.3.4	The canvass board may not perform duties typically reserved for election judges, including:
(a)	Determining voter intent; 
(b)	evaluating voter eligibility; and
(c)	Requesting new logs or reports that were not created to conduct the election.
41.24	Detailed Ballot Log
41.24.1	The designated election official shall must keep a detailed ballot log that accounts for every ballot issued and received of all ballots.  The designated election official shall beginning the log as soon as when ballots are ordered and received.  The log shall include the polling location and/or precinct number(s), ballot style(s), and account for every ballot that is received and distributed.  The election judges must reconcile the detailed ballot log shall be reconciled at the conclusion of each workday.
41.24.2	The designated election official shall must keep and reconcile daily logs of mail-in, mail, and early voting ballots.  
41.24.3	The designated election official shall must indicate in the detailed log the number of paper ballots that are sent to each polling location for use on election day.
41.24.4	The designated election official must keep All required logs may be kept either by in either electronic or manual means format.
41.35	Election Day Tracking Process
41.35.1	The designated election official shall must supply each polling location with a Statement of Ballots Form.  Combined precincts may use one form.  The form must include a place for the judges to account for the following information:
(a)	The name or number(s) of the precinct or vote center;
(b)	The number of ballots provided to the polling location;
(c)	The number of ballots cast;
(d)	The number of unvoted ballots;
(e)	The number of damaged or spoiled ballots; and
(f)	The number of voted provisional ballots.
41.35.2	The election judge must reconcile the total number of voted ballots should be reconciled to with the number of voters who voted.
41.35.3	The election judge must verify that the total number of voted ballots, spoiled or damaged ballots, provisional ballots, and unvoted ballots should be reconciled to be the same as is the same as the number of total ballots received at supplied to the polling location before voting begins.
41.35.4	The designated election official shall election judge must ensure that the total of reconcile the number of people who signed the pollbook is reconciled to the total of the number of ballots cast.
41.35.5	If there is a discrepancy in the numbers on the Statement of Ballots form, the judge shall must explain the discrepancy in writing make written notation explaining why the numbers do not balance (for example, the voter signed in but left the polling place without voting, etc.).
41.35.6	The judges judge shall must return the completed Statement of Ballots form to the designated election official with the other precinct supplies and mail a duplicate copy pursuant to section 1-7-505, C.R.S to the designated election official’s office.
41.46	Designated Election Official’s Disposition of Forms
41.46.1	The designated election official shall must review the Statement of Ballots form and ensure that it is complete and correct for completion and accuracy.
41.46.2	If the designated election official or the canvass board discovers a problem with the Statement of Ballots form that cannot be easily resolved, they he or she shall have the right to may contact the election judges and ensure that for an explanation or correction the discrepancy is explained or corrected.
41.57	Procedures for the Day of the Canvass
41.57.1	In order for the canvass board established pursuant to section 1-10-101, C.R.S., to perform its duties, pursuant to section 1‑10‑101.5, C.R.S., The designated election official shall must provide the following information to the canvass board:
(a)	The name of each candidate receiving votes, the office, and the total number of votes received;
(b)	The number/letter of each ballot issue or question and the votes received;
(c)	The number of voters who voted early;
(d)	The number of mail-in or mail ballots cast, including the number accepted and rejected; and
(e)	The number of provisional ballots counted.
41.5.2	The canvass board shall confirm that the number of ballots cast is less than or equal to the number of people who actually voted in each precinct or vote center. 
41.5.3	The designated election official shall use a canvass form that is approved by the Secretary of State.
41.57.4 2	Any written documentation regarding official numbers shall be is included as part of the canvass.
41.68	Official Abstract
41.68.1	The designated election official shall must ensure that include the number of active eligible voters on election day pursuant to section 1-10-105(5)(c), C.R.S., is the number used on the official abstract. 
41.68.2	The canvass board must use the official abstract shall be compiled on in a format approved by the Secretary of State. 
41.68.3	The official abstract shall must include, by precinct/ballot style or vote center, where applicable:
(a)	The statement of votes counted by race and ballot question or issue;
(b)	The total active registered electors in the precinct and the total for the jurisdiction holding the election;
(c)	The total number of electors voting in each precinct, and the total for the jurisdiction holding the election;
(d)	The number of voters who voted early;
(e)	The number of emergency registrations;
(f)	The number of mail-in or mail ballots counted and the number rejected;
(g)	The number of provisional ballots counted and the number rejected listed by each rejection code pursuant to Rule 26.5.4; and
(h)	The number of damaged and spoiled ballots. 
41.79	The Abstract shall be is the Official, Permanent Record.
41.79.1	The designated election official shall must keep all official canvass reports and forms as part of the official permanent election record.
41.9.2	Once the canvass board certifies the abstract it may not withdraw the certification. In the event of a recount, the canvass board may only affirm or amend the abstract.
41.810	Appointment of Canvass Workers. 41.10.1	The designated election official may utilize appoint canvass workers to assist in the preparation help prepare and conduct of the canvass.
41.911	Voter History
41.911.1	After the canvass process is completed, the designated election official shall must give credit to each voter who votes by mail, at an early voting site, or at a polling location.
41.911.2	If the voter history records do not match the number of voters who voted at that election, the designated election official shall must ensure the following:
(a)	Each voter was given received credit for voting; and
(b)	All pollbooks and signature cards are accounted for.
41.911.3 All research concerning discrepancies shall must be explained and documented.
41.1012Written Complaints. In accordance with section 1-7-514(2)(b), C.R.S., the The designated election official shall must provide to the canvass board with any written complaint about a voting device submitted by a registered elector about a voting device. , and,
41.12.1	if If the complaint is resolved, how it was resolved and if the designated election official must provide the details of the resolution
41.12.2	If the complaint is pending resolution when the board meets to conduct the canvass, the designated election official must provide a proposal for how the issue will be resolved.  
41.13	Role of Watchers. Watchers appointed under section 1-10.5-101(1)(a), C.R.S., may observe the board while it performs its duties, subject to Rule 8. 
41.14	Role of the Secretary of State. As part of the Secretary’s duties under section 1-1-107, C.R.S., the Secretary may provide guidance and investigate imperfections as outlined below.
41.14.1	The county clerk and recorder or the canvass board may request that the Secretary of State provide guidance and support to the canvass board in the exercise of the board’s duties.
41.14.2	If, in the course of assisting a canvass board, the Secretary of State discovers an imperfection that the Secretary believes may affect the conduct of other canvass boards, the Secretary may provide notice to other counties regarding the nature of the imperfection.
41.14.3	Imperfect returns or failure to certify.
(a)	If the canvass board fails to certify or certifies imperfect returns that have no reasonable potential to change the outcome of any race or ballot measure, the Secretary of State and county clerk must certify the election and order recounts, if any, in accordance with Part 1, Article 11 of Title 1, C.R.S. 
(b)	If the canvass board fails to certify or certifies imperfect returns that have a reasonable potential to change the outcome of any race or ballot measure, the Secretary of State will conduct an investigation to identify the nature of, and advise the county clerk and recorder in correcting, the inaccuracy. 
Amendments to Rule 42.2:
42.2	“Electronic Transfer” shall means the use of facsimile and shall not include the use of fax or e-mail under (section 1-8-115, C. R. S.).
Amendments to Rule 42.6:
42.6	The transmission shall must also include a mail-in ballot self-affirmation pursuant to 1-8-114 (1) C. R. S.
Amendments to Rule 42.11.2:
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 may seek authority from the Secretary of State to provide a send an emergency mail-in ballot to the elector under section 1‑8‑115(4), C.R.S., and this Rule.
Repeal Rules 42.11.3, 42.11.4, 42.11.5, 42.11.6, and 42.11.7:
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. Repealed.
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. Repealed.
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. Repealed.
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. Repealed.
42.11.7	The Secretary of State shall have the ability to issue a blanket approval by electronic transfer. Repealed.