NOTICE OF TEMPORARY ADOPTION

Pursuant to section 1-107(2)(a), C.R.S. (2008) and 11-1.5-104(1)(e), C.R.S., (2008), and the rulemaking provisions of the State Administrative Procedure Act, section 24-4-103, C.R.S. (2008), I,  Bernie Buescher, Colorado Secretary of State, do hereby adopt and give NOTICE of the temporary adoption this 30th day of January, 2009 of the following new Rule 2.17 of the Colorado Secretary of State Election Rules, 8 C.C.R. 1505-1.  Such new rule is effective immediately.

New Rule 2.17 of the Election Rules of the Colorado Secretary of State is adopted as follows:

2.17	When a county clerk and recorder deems an applicant “not registered” upon receipt of an undeliverable new voter notification in accordance with section 1-2-509(3), C.R.S., the applicant shall be mailed a confirmation card by forwardable mail. The confirmation card shall have a postage prepaid returnable portion that is preaddressed to the sending county clerk and recorder.

2.17.1	If the county clerk and recorder receives a signed confirmation card within 90 days from an applicant who was deemed “not registered” in accordance with section 1-2-509(3), C.R.S.,  the applicant shall be deemed registered as of the date of the original application.

2.17.2	During the 28 days prior to an election, if an applicant who has been deemed “not registered” in accordance with section 1-2-509(3), C.R.S., completes a certificate of registration and presents identification in person at the office of the county clerk and recorder, the applicant shall be deemed registered as of the date of the original application.

		Dated this 30th day of January, 2009.

						
William A. Hobbs
Deputy Secretary of State

For

Bernie Buescher
Colorado Secretary of State