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

Rules as Adopted - Redline

August 29, 2013

(Additions to the current rules are reflected in small caps and deletions from current rules are shown in stricken type. Publication instructions/notes may be included):
Repeal Temporary Rule 32.7.3(d): 
(d)	An elector must establish a residence before registering to vote or changing his or her residence in accordance with section 1‑2‑102, C.R.S. An elector’s residence is his or her primary home to which he or she, whenever absent, has the present intent of returning. An elector establishes a residence either by maintaining a residence as his or her  primary home or by physically moving to a new residence with the intent to maintain that residence as a primary home. Intent to move, in and of itself, does not establish residence. And neither a business nor a temporary hotel room is a valid residence. Upon establishing a new residence the elector must update his or her voter registration record with the county clerk and recorder of the county to which the elector moved. 
(1)	An elector and a county clerk and recorder must consider the following factors in determining the elector’s primary residence:
(A)	Which address the elector uses for income tax purposes;
(B)	Which address the elector uses for motor vehicle registration;
(C)	Whether the elector is registered to vote in another state;
(D)	Whether the elector shares his or her Colorado address with family members;
(E)	Whether the elector works in or has business pursuits in Colorado; and
(F)	Whether the elector has residences in any other state.
(2)	Applying the factors contained in paragraph (1) of this rule, a person is likely a resident if:
(A)	He or she is a military member or family of a military member who has the present intent to make the district his or her permanent home after completing military service; or
(B)	He or she is a student attending college in Colorado but has the present intent to make the district his or her home after completing school. 
(3)	Applying the factors contained in paragraph (1) of this rule, a person is likely not a resident if:
(A)	He or she is a military member or family of a military member who is stationed in Colorado but who maintains a primary residence in another state; or
(B)	He or she is an out-of-state student attending college in Colorado but has no intent to make the district his or her permanent home.  Repealed.
Repeal Temporary Rule 32.7.4(a):
32.7.4	Limited mail ballot procedures.  
(a)	Mail ballots for the recall elections may be issued only to:
(1)	Military and overseas electors as specified in Article 8.3 of Title 1, C.R.S.; 
(2)	Address Confidentiality Program electors as specified in Part 21 of Article 30 of Title 24, C.R.S.; 
(3)	Eligible electors who complete and timely submit to the county an emergency mail ballot application, as outlined by section 1-7.5-115, C.R.S., and Rule 42; and
(4)	Electors at a healthcare facility as defined in section 1-1-104(18.5), C.R.S. Repealed.

Repeal Temporary Rules 32.7.4(d) through (f):
 (d)	Emergency mail ballots.
(1)	An eligible elector may apply for an emergency mail ballot as outlined in section 1-7.5-115, C.R.S, and Rule 42. An elector who has no access to fax, email, or an authorized representative, may request delivery of his or her ballot by a bipartisan team of judges. The team of judges will deliver and return the elector’s ballot following the HCF procedures in section 1-7.5-113, C.R.S.
(2)	Repealed.
(3)	Repealed.
(4)	Unless expressly prohibited by statute, an elector’s emergency mail ballot application is an open record that the county may release subject to redaction.Repealed.
(e)	Healthcare facility (HCF) residents
(1)	The county must deliver ballots to HCF residents in accordance with section 1-7.5-113, C.R.S.
(2)	The county may deliver ballots to HCF residents where the facility has individual mail boxes or does not meet the minimum number of ballots outlined in section 1-7.5-113, C.R.S.Repealed.
(f)	An elector who cannot vote in person because the elector is absent from his or her county of residence during the period when polling locations are open may apply for an absentee ballot.
(1)	The elector may request to receive the ballot by mail or electronic transmission.
(2)	The elector must return the absentee ballot by regular mail, and the ballot must be post marked by 7:00pm on election day.  The county clerk will process and count all timely post marked absentee ballots that are received within eight days after election day.Repealed.