Mike Coffman
Secretary of State

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

Holly Z. Lowder
Director, Elections Division

NOTICE OF PROPOSED RULEMAKING
Office of the Secretary of State
Election Rules
8 CCR 1505-1

May 30, 2008

Pursuant to the requirements of section 24-4-103(3)(a), C.R.S., (2007), notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on June 30, 2008 from 2:00 p.m. to 5:00 p.m. in the Blue Spruce Conference Room on the second floor of the Office of the Secretary of State at 1700 Broadway, Denver, Colorado 80290.  All interested persons will be afforded an opportunity to be heard on the subject of revisions and amendments to the “Election Rules” of the Colorado Secretary of State, 8 C.C.R. 1505-1.

Subject of the Proposed Rulemaking

Amendments and revisions to the Colorado Secretary of State Election Rules as may be necessary or appropriate to improve the administration of elections in Colorado.  The revisions and amendments to be considered include rules concerning: clarification regarding voter registration of Address Confidentiality Program (ACP) Electors; effective date of mail voter registration applications received at the office of the Secretary of State; watchers; uniform ballot counting standards; determination of voter intent, alternative counting methods, procedures for the use of signature verification devices, custodianship of voter registration information, and revisions as necessary subsequent to implementation of the statewide voter registration database.  The Secretary of State shall also consider rules necessary to implement amendments to the election laws made during the 2008 regular session of the 66th General Assembly and other rule amendments as may be necessary to answer questions arising under Title 1 of the Colorado Revised Statutes. 

Authority for Proposed Rulemaking

Revisions and amendments to the “Election Rules” of the Colorado Secretary of State, 8 C.C.R. 1505-1, are proposed pursuant to the following statutes:

1. Section 1-1-107(2)(a), C.R.S., (2007), which authorizes the Secretary of State “[t]o promulgate, publish and distribute . . . such rules as the secretary finds necessary for the proper administration and enforcement of the election laws.”

2. Section 1-1.5-104(1)(e), C.R.S., (2007), which authorizes the Secretary of State to “[p]romulgate rules in accordance with article 4 of title 24, C.R.S., as the secretary finds necessary for proper administration and implementation of [the “Help America Vote Act of 2002”, 42 U.S.C. 15301-15545].”

Copies of the initial draft of the proposed rules may be obtained from the office of the Secretary of State at 1700 Broadway, Suite 270, Denver, Colorado, 80290, or by calling (303) 894-2200, extension 6329.  The proposed rules are also posted on the Secretary of State website at www.sos.state.co.us.  
  
A final copy of the proposed rules for consideration at the public rulemaking hearing will be posted on the Secretary of State website and made available to the public no later than June 25, 2008 in accordance with section 24-4-103(4)(a), C.R.S., (2006), which states that “[a]ny proposed rule or revised proposed rule by an agency which is to be considered at the public hearing . . . shall be made available to any person at least five days prior to said hearing.”

The rulemaking hearing on June 30, 2008 will be held in accordance with section 24-4-103, C.R.S., (2007).  Written and oral data, comments, and arguments will be received from all interested parties.  Written submissions must be filed at or before the commencement of the hearing on June 30 at 2:00 p.m. in order to be considered.  Oral testimony may be limited in order to allow the proceedings to go forward with reasonable promptness and efficiency.  The hearing will be audio recorded and broadcast over the Internet.  The broadcast may be accessed through the Secretary of State website at www.sos.state.co.us on the “Information Center” page under “Broadcast and Recorded Meetings.”  For additional information, please contact Andrea Gyger, Elections Division at andrea.gyger@sos.state.co.us or (303) 894-2200 ext. 6329. 

Dated this 30th Day of May, 2008.

								
						
William A. Hobbs
Deputy Secretary of State

For

Mike Coffman
Colorado Secretary of State

Mike Coffman
Secretary of State

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

Holly Z. Lowder
Director, Elections Division

Proposed Statement of Basis, Purpose and Specific Statutory Authority 

Office of the Secretary of State
Election Rules

May 30, 2008

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”), U.S.C. 15301 to 15545. See sections 1-1.5-101 et seq., C.R.S. (2007).

The amendments to these rules are necessary for the implementation of Article VII of the Colorado Constitution and Titles 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, and to implement amendments to the Colorado election laws made during the 2008 regular session of the 66th General Assembly.  The adoption of the amendments to the Rules is further necessary to increase the transparency and security of the election process.  

The adoption of specific amendments to the Election Rules is necessary as follows:

•	The amendments to rules 2.5.3 and 26.4.4 are necessary subsequent to implementation of the statewide voter registration database.
•	The amendments to rule 2.12 are necessary to implement amendments made by House Bill 08-1274.  Specifically, the term “actual address” shall include the county and voting precinct number.
•	New rule 2.14 is necessary to clarify the effective date of a mail voter registration application received at the office of the Secretary of State.  Specifically, the effective date shall be the date of the postmark or receipt by the office of the Secretary of State, whichever is earlier.
•	The amendments to rule 8 clarify “watcher” eligibility requirements.  Specifically, a designated watcher need not be a resident of the county he/she is designated in as long as he/she is an eligible elector in the state of Colorado.  Additionally, the amendments establish what access a designated election official must provide watchers so they may observe the election process.
•	New rules 8.14-8.17 are necessary to clarify the designation of watchers.
•	The amendments to rule 12.4.11 and 13.17 are necessary to establish that the mail ballot return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device in accordance with amendments to section 1-7.5-107, C.R.S, made by House Bill 08-1128.
•	The amendments to rule 27 clarify uniform ballot counting standards, and establish rules concerning determination of voter intent and written plan requirements for alternative counting methods.
•	New rule 29.12 is necessary to comply with amendments to section 1-8-114.5, CRS, made by House Bill 08-1128, requiring the Secretary of State to establish procedures for using signature verification devices to process mail-in ballots and ballots used in mail ballot elections.
•	New rule 49 is necessary to establish rules concerning voter information reports for the purposes of the Public (Open) Records Act, section 24-72-202, C.R.S.  Specifically, the rule clarifies custodianship of voter registration information and fees for voter information reports.

The Secretary of State therefore finds that in order to ensure the uniform and proper administration and enforcement of the election laws, the permanent adoption of the amendments to the 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. (2007), 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. (2007), 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.”