Statements of Basis, Purpose, and Specific Statutory Authority 

Office of the Secretary of State
Election Rules

January 30, 2009

1.	Basis and Purpose

This statement pertains to the amendments to the Colorado Secretary of State Election Rules for the administration of Colorado State Constitution Article VII, and 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, including the requirements of the federal Help America Vote Act of 2002 (“HAVA”), P.L. No. 107-252. See sections 1-1.5-101 et seq., C.R.S. (2008).

The amendments 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.  Such revisions are necessary to improve the administration of elections in Colorado, and to answer questions arising under Title 1 of the Colorado Revised Statutes. These amendments are further necessary to increase the transparency and security of the election process, and to provide guidance until a legislative clarification may be proposed.  

The Secretary of State finds that the adoption and enactment of these amendments is specifically necessary to provide an additional layer of protection to help ensure that eligible electors who apply for voter registration are not precluded from becoming registered because of postal or other error. 

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

2. 	Statutory Authority

Amendments 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. (2008), 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. (2008), 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.”