COLORADO SECRETARY OF STATE

8 CCR 1505-6
Election Rules

Rules as Adopted – Clean
Adopted: May 8, 2020
Updated: May 21, 2020
(Italic blue font text indicate publication notes)
New Rule 1.1.17, concerning definitions:
1.1.17	“De minimis change” means a change to voting system hardware that is so minor in nature and effect that it requires no additional testing by a VSTL.
[Not shown: renumbering current Rules 1.1.17-1.1.50 to Rules 1.1.18-1.1.51]
Temporary re-adoption of amendments to Rule 7.2.3(b) and new Rule 7.2.3(c), including additional revisions to Rule 7.2.3 concerning ballots and ballot packets:
7.2.3	Processing deadlines.
(a)	The county clerk must process all new registration applications and updates received by the 22-day deadline to mail applicants a ballot in accordance with section 1-7.5-107(3), C.R.S.
(b)	Beginning the 15th day before election day, the county clerk must process all registration applications and updates within two business days of receipt; subject to Rule 7.2.3(d).
(c)	Beginning the 14th day before election day, the county clerk must deliver any original or replacement ballot to the United States Postal Service within two business days after processing a registration application or update; subject to Rule 7.2.3(d).
(d)	No county may take more than three days to process and deliver the ballot to the united states postal service.
Temporary re-adoption of New Rule 7.2.17:
7.2.17	The county clerk must send all mail ballots by first-class mail beginning the 11th day before election day.
Amendments to Rule 7.5.1 update a cross-reference:
7.5.1	The county clerk must adequately light all drop box locations and use a video security surveillance recording system as defined in Rule 1.1.45 to monitor each location.
Temporary re-adoption of New Rule 7.9.11, concerning voter service and polling centers:
7.9.11	The county clerk of any county that has a tribal council headquarters located within the county borders must notify the tribal council by letter that the tribal nation has the right to request that a voter service and polling center be located within the boundaries of the tribal nation in the upcoming general election. The county clerk must send this notification by mail no later than 225 days before the date of any general election.
Temporary re-adoption of New Rule 7.17, including additional revisions:
7.17	Closure of VSPCs due to emergency condition
7.17.1	If as a result of an extreme weather event, natural disaster, act of God, human made incident, or disruption to, or threat of disruption to critical infrastructure, a county government or other entity closes all day, closes early, or delays the opening of a building where a voter service and polling center is located, then the county clerk may close for the day, close early, or delay the opening of any voter service and polling center located in those buildings affected.
7.17.2	The county clerk must immediately notify the Secretary of State and the public of any closure or delayed opening of a voter service and polling center under this rule.
7.17.3	A county clerk must request approval from the Secretary of State before closing or delaying the opening of a voter service and polling center under this rule beginning seven days before election day through election day. 
7.17.4	The Secretary of State may petition a court under section 1-7-101 (1)(b), C.R.S. to extend the polling hours in a county or statewide if voter service and polling centers are closed or delayed opening under this rule. 
7.17.5	If a county clerk closes or delays the opening of a voter service and polling center under this rule, then the Secretary of State and county clerk must issue an emergency ballot available under section 1-7.5-115, C.R.S. to any voter who requests it due to the delay or closure.
Amendments to Rule 8.7.4 update a cross-reference:
8.7.4	Watchers must remain outside the immediate voting area while an elector is voting. The six-foot limit in Rule 1.1.31 applies only to voting.
Temporary re-adoption of amendments to Rule 11.3.2(e), including new Rule 11.3.2(e)(2), concerning logic and accuracy test:
(e)	Completing the test
(1)	The county must keep all test materials, when not in use, in a durable, secure box. Each member of the Testing Board must verify the seals and initial the chain-of-custody log maintained by the county clerk. If the records are opened for inspection, at least two election officials must verify the seals and initial the chain-of-custody log.
(2)	The county must backup and preserve the election database or project containing test results, and export and preserve the test results and CVR files. The county must prepare and preserve a ballot manifest corresponding to the test CVR file.
(3)	The county must upload the test results file during the ENR test required under Rule 11.9.3. The county must hash and upload the CVR and ballot manifest to the RLA software during the RLA practice period, as required under Rule 25.2.2(b). 
(4)	After testing, the Testing Board must watch the county reset and seal each voting device, if applicable.
(5)	The Testing Board and the county clerk must sign a written statement attesting to the qualification of each device successfully tested, the number of the seal attached to the voting device at the end of the test, if applicable, any problems discovered, and any other documentation necessary to provide a full and accurate account of the condition of a given device.
(6)	The county may not change the programming of any voting device after completing the logic and accuracy test for an election, except as required to conduct a recount or as authorized by the Secretary of State.
New Rule 21.1.1(c), concerning voting system standards for certification:
(c)	A voting system provider may apply for modification to a currently certified voting system to address de minimis commercial off-the-shelf hardware changes using the process laid out in this Rule.
(1)	The provider must submit an application package that includes an application for modification provided by the Secretary of State, internal testing documentation, VSTL determination of de minimis changes, specification documents for existing and new equipment, updated TDP documents as applicable, other engineering change order documents, an integration testing plan, and any other documentation requested by the Secretary of State. If the submitted application package is incomplete the Secretary of State will identify the deficiencies and the voting system provider must remedy the deficiencies within ten days.
(2)	If the Secretary of State reviews the application package and determines that the modification requires any additional testing from the VSTL, the provider will work with the Secretary of State to create a test plan for the modification. The Secretary of State makes the final determination as to whether the change is de minimis or not. 
(3)	If the Secretary of State reviews the application package and determines that the modification does not require testing by the VSTL, the provider will coordinate with the Secretary of State to perform integration testing overseen by the Secretary of State using the plan provided in the application package.
(4)	Upon completion of testing the Secretary of State will review the outcomes of the integration testing and determine if the modification complies with section 1-5-618(1.5), C.R.S. and approve or deny the modification request.
Temporary re-adoption of amendments to Rule 25.2.2, including new Rules 25.2.2(b) and 25.2.2(c)(2), concerning risk limiting audit:
25.2.2	Preparing for the audit
(a)	Risk limit. No later than 32 days before election day, the Secretary of State will establish and publish on the Audit Center the risk limits that will apply in RLAs for that election. The Secretary of State may establish different risk limits for comparison audits and ballot polling audits, and for audits of statewide and countywide contests. In comparison audits the risk limit will not exceed five percent for statewide contests, and ten percent for countywide contests.
(b)	Practice Period. Beginning 20 days before the election counties may practice conducting the audit. The county must, at a minimum, hash and upload the ballot manifest and CVR file from the logic and accuracy test to the RLA software. 
(c)	Audit board. No later than 15 days before election day, the designated election official must appoint an audit board to conduct the risk-limiting audit. The audit board must consist of electors nominated by the major political party county chairpersons. The designated election official must give written notice to the county chairpersons of their obligation to nominate audit board members and may designate appropriately affiliated electors as audit board members if one or both county chairpersons fail to do so in a timely manner. 
(1)	At least two canvass board members must observe at least the first round of the RLA, and members of the canvass board may serve as members of the audit board. The designated election official, members of his or her staff, and other duly appointed election judges may assist the audit board in conducting the audit. To the extent practicable, the audit board should not consist of individuals who participated in ballot resolution or adjudication during the election being audited. Each member of the audit board must take the election judge oath.
(2)	If the Secretary of State randomly selects five or fewer ballots for any audit round after the first, the designated election official may appoint as the audit board members of staff of different party affiliations to conduct and sign off on the audit round in question. The designated election official must get approval from the Secretary of State before appointing staff as the audit board. The designated election official may not appoint themselves to conduct any audit round. 
[Not shown: temporary re-adoption of renumbering former Rules 25.2.2(c)-(k) to 25.2.2(d)-(l). Renumbering edit should already appear in the code from the February 3, 2020 temporary adoption.]
New Rule 27: 
Rule 27. Conducting Elections During Public Health Emergency
27.1	In addition to other requirements stated in these rules, the following requirements must be followed when conducting an election during a public health emergency.
27.1.1	Definitions
(a)	“Personal protective equipment” means equipment designed to protect the wearer from injury, or to prevent the spread of infection or illness, including facemasks, protective clothing, or gloves. 
(b)	“Public health emergency” means a state of disaster emergency declared by the Governor under section 24-33.5-704, C.R.S., involving a public health emergency including the current COVID-19 pandemic.
(c)	“Public health guidelines” mean guidelines from federal, state, or local governments or the Secretary of State’s office which direct members of the public about how to protect their health and safety during the COVID-19 pandemic. 
27.1.2	Unless infeasible, counties, election judges, election workers, watchers, and media observers must follow public health guidelines that they could reasonably be aware of, including guidance from the Colorado Department of Public Health, the Colorado Governor’s Office, and other local health authorities. In the event that there is a conflict in public health guidelines, counties must follow those guidelines that require more protective measures be taken. 
27.2	Voter service and polling centers open 
27.2.1	Unless infeasible, if a voter service and polling center is located in the main county clerk’s office, the county must conduct voter service and polling center operations in a separate room or area from other election activities, or relocate the voter service and polling center to a different location.
27.2.2	If a county clerk opens only the minimum number of voter service and polling centers required under section 1-7.5-107 (4.5), C.R.S., then the county clerk must also identify at least one back-up voter service and polling center location, along with a list of essential voting equipment, to which the county can move the operations of a designated voter service and polling center to if a center has to close under Rule 27.2.3. The county should have a plan to make the transition to the back-up location as expeditiously as possible. On election day the county must make the transition to the new location as expeditiously as possible and not longer than two hours. The County must share this plan with the Secretary of State’s office in the manner directed by the Secretary of State. Election judges must still follow the requirements of section 1-5-108, C.R.S. in the event that a change in location is necessary. 
27.2.3	A county clerk must provide notice to the Secretary of State’s office as expeditiously as possible when they close a voter service and polling center if there is a reasonable basis to expect COVID-19 contamination. The county should follow the Secretary of State guidance regarding contamination.
27.3	Receipt and processing of ballots 
27.3.1	A county clerk must ensure that all election judges and staff wear masks, and any other personal protective equipment required by the county or location, while receiving and processing ballots.
27.3.2	The Secretary of State may alter Rule 7.5.4 and require counties to wait a minimum number of hours before date-stamping and processing returned ballot envelopes in SCORE.
27.4	Protecting the health of election judges, staff, and voters 
27.4.1	Unless infeasible, counties must have infrared thermometers and take the temperature of all county staff and election judges as they report at all locations.
27.4.2	Unless infeasible, counties should encourage election judges and staff to take their own temperature before reporting to work. Judges exhibiting a fever or other COVID-19 symptoms must report that information to their supervisor or other appropriate county official before reporting to work. 
27.4.3	Clerks must allow election judges and staff member(s) to stay home if they have any COVID-19 related symptoms, concerns, illness or are quarantined without losing pay.
27.4.4	Election judges and staff members must wear masks, and any other personal protective equipment required by the county or location, at all times while performing duties. 
27.4.5	An election judge and staff member must immediately report any COVID-19 like symptoms they experience during working hours to their supervisor or other appropriate county official.
27.4.6	Unless infeasible, counties must prepare a plan and identify on-call election judges who are able to report within two hours and shall be compensated for their on-call service. 
27.5	Protecting the health of watchers, media observers, and the public 
27.5.1	Watchers and media observers must wear masks, and any other personal protective equipment required by the county or location, while at a voter service and polling center or location where other election activities are occurring and should maintain strict social distancing guidelines with a minimum of six feet between each person, unless maintaining six feet distance would not allow the watcher to observe any activity listed in Rule 8.10.2. 
27.5.2	Unless infeasible, if watchers and media observers plan to be, or are, at a location for one hour or more, counties must use infrared thermometers to take their temperature.
27.5.3	Anyone experiencing COVID-19 symptoms while at a voter service and polling center or location where other election activities are occurring must immediately report that to an appropriate county official and leave the location.
27.6	Conditions at voter service and polling centers 
27.6.1	Counties must use best efforts to maintain hygienic conditions within voter service and polling centers, including:
(a)	Cleaning all voting equipment with non-bleach cleaners after each use or otherwise ensuring that the voting equipment is clean after each use; and
(b)	Cleaning all voting booths and non-ballot marking devices after each use with bleach-based or non-bleach based cleaners. 
27.6.2	To the extent possible, counties must work to maintain strict social distancing guidelines with a minimum of six feet between each person present at the voter service and polling center.
27.7	Unanticipated events
27.7.1	If a county clerk needs to modify their election or locations in a way not contemplated by this rule due to the presence of a public health emergency, the clerk must contact the Secretary of State for assistance and approval.
27.8	Deadlines for emergency changes to political party bylaws and rules 
27.8.1	No later than 60 days after the date of Executive Order D 2020 005, all major political parties must adopt any new or amended bylaws or rules necessary to provide remote access to and participation in party assemblies and conventions, to fill vacancies, and to comply with any emergency order issued pursuant to Executive Order D 2020 003. 
27.8.2	Each state central committee must file its party’s amended or new bylaws or rules adopted to provide remote access to and participation in party assemblies and conventions, to fill vacancies, and to comply with any emergency order issued pursuant to Executive Order D 2020 003 with the Secretary of State no later than 65 days after the date the Executive Order D 2020 005. If filed before that date, bylaws and rules may be amended until that date. No bylaw or rule may be amended filed or amended after 65 days after the date of Executive Order D 2020 005.
27.9 	Circulation of Unaffiliated Petitions
27.9.1	In accordance with Executive Order D 2020 053, unaffiliated and independent candidates may circulate petitions beginning June 1, 2020, and must file those petitions with the designated election official no later than July 27, 2020.