Mike Coffman
Secretary of State

 STATE OF COLORADO
 Department of State
 1700 Broadway
 Suite 250
 Denver, CO  80290

Holly Z. Lowder
Director, Elections Division

Statement of Justification and Reasons for Adoption of Temporary Rules

Office of the Secretary of State
Amended and Revised Rules 25.3, 26.2, 30.3, 38.10, 38.12, and 45
Colorado Secretary of State Election Rules
As Amended March 16, 2007

Under section 1-1-107(2)(b), C.R.S. (2006), the Secretary of State has the power “[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.”  In addition, section 1-1.5-104(1)(e), C.R.S. (2006), authorizes the Secretary of State to “[p]romulgate rules . . . as the secretary finds necessary for the proper administration, implementation, and enforcement of [the “Help America Vote Act of 2002”, P.L. No. 107-252].”  

On September 22, 2006, the Denver District Court ruled as follows: (1) “The Secretary is ordered to promulgate a rule containing minimum security standards for DREs as required by § 1-5-616(1)(g), C.R.S. (2006).” (2) “The Secretary is ordered to retest previously certified systems or any new systems, using the revised security standards to be promulgated by the Secretary, prior to the next primary, general or statewide ballot issue election following the November 7, 2006 general election, whichever comes first.”   

Certain amendments to the existing election rules are immediately necessary for the uniform and proper administration and enforcement of the election laws of the State of Colorado during the 2007 election cycle.  These rules are specifically necessary in order to comply with the trial courts order in Conroy v. Dennis, No. 06CV6072 (Denver Dist. Ct.).  Pursuant to that court order, the Secretary of State is required to promulgate voting systems certification rules that include minimum security standards for direct recording electronic voting systems and to retest all voting systems under such standard prior to the “next primary, general or statewide ballot issue election following the November 7, 2006 general election.”  

A statewide ballot issue election will be held in November 2007 if a qualified issue is placed on the ballot.  The temporary adoption of the amendments and revisions to Election Rule 45 are necessary because all voting systems in use in Colorado must be tested under the revised security standards no later than July 1, 2007 in order to allow all county clerks in Colorado sufficient time to obtain approval for existing equipment, purchase any new equipment, and perform acceptance testing before the equipment is used in the election.

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

Therefore, in accordance with section 24-4-103(6), C.R.S. (2006), the Secretary of State finds that temporary adoption of the amendments and revisions to existing election rules is “imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest.”