COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

Preliminary Draft of Proposed Rules

Disclaimer:  This draft is not yet final.  The proposed changes to be considered at the public rule-making hearing may be different than the proposed changes in this draft.  This draft is submitted to the Department of Regulatory Agencies for the purpose of complying with section 24-4-103 (2.5), C.R.S., which requires that a draft be submitted to the Department at the time that a notice of proposed rule-making is filed with the Secretary of State.

A final copy of the proposed rule changes will be available to the public on the date stated in the Notice of Rule-making, and a copy will be posted on the Department of State’s web site, in compliance with the requirement of section 24-4-103 (4) (a), C.R.S., that “Any 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.”

Rule 25.	Rules Concerning Uniformed and Overseas Citizens’ Absentee Voting Act (“UOCAVA”)
25.1	UOCAVA Fax Ballot Rules;
	25.1.1	U.S. citizens who are absent from the state and who are members of the Uniformed Services as defined as the U.S. Armed Forces (Army, Navy, Marines, Air Force and Coast Guard), Merchant Marine, and their spouses or dependants, resident overseas electors, or nonresident overseas electors who are otherwise qualified to apply for and vote by absentee ballot, (“UOCAVA citizens”), may request an absentee ballot by facsimile transmission.
	25.1.2	A designated election official may send and receive absentee ballot applications by facsimile transmission, send blank ballots and accept voted ballots by facsimile transmission from eligible electors who are UOCAVA citizens absent from the state and who are otherwise qualified to vote by absentee ballot.
	25.1.3	If the designated election official has mailed a Clarification for Voter Status Memorandum to an elector in response to receiving an absentee ballot request and has not received a response to the memo at the time the absentee ballot packet is prepared, the designated election official shall mail the elector a full ballot for which the elector, as a resident, would be eligible to vote (federal, state, local offices and questions).
	25.1.4	No later than January 1, 2006, the office of each county clerk and recorder shall have a dedicated fax machine located in their office in order to send and receive faxed ballots to and from UOCAVA citizens in accordance with the Help America Vote Act of 2002 and this Rule 25.
	25.1.5	On the faxed application, the elector shall provide the fax number, including the international country code and local area, province or city code (if applicable), where the ballot shall be faxed.
	25.16	An Absentee ballot that is completed and returned by the elector via facsimile transmission must contain the elector’s printed name, signature, date of birth, and the following statement: “I am a member of the Uniformed Services, a member of the Merchant Marine, spouse/dependant of a Uniformed Services Member or Merchant Marine, resident overseas elector or a nonresident overseas elector and am qualified to apply for and vote by absentee ballot.  I also understand that by faxing my voted ballot, I am voluntarily waiving my right to a secret ballot.”
25.2	Limited	Electronic Mail Ballot Rules
	25.2.1	A uniformed services elector serving outside the United States may receive and return an application or ballot by electronic mail in circumstances where a mail ballot or fax ballot is not available or feasible.
	(a)	An email absentee request application must be received no later than close of business the Friday immediately preceding the election
		(b)	An email request for a replacement ballot must be received by 5:00 p.m. on election day.
	25.2.2	Upon receipt and verification of an application, the designated election official shall authorize the transmission of a blank ballot containing all contests and questions for which the elector is eligible to vote.
		(a)	The designated election official shall fax the election materials, which shall include a blank ballot and voter instructions (including the elector affidavit) to the Federal Voting Assistance Program (FVAP) Electronic Transmission Service (ETS).  The designated election official shall not send the voting materials directly to the elector by electronic mail.  Or
		(b)	The designated election official may store the ballot electronically with ETS using the procedures outlined in the FVAP ETS Guide, and authorize the transmission of the blank ballot and instructions (including the elector affidavit) to the elector by faxing a completed electronic transmission coversheet to ETS,  
	25.2.3	The electronic package transmitted to ETS shall contain:
			A completed electronic transmission coversheet;
			The blank ballot, if not stored with ETS, with voting instructions (including the elector affidavit); and
			The contact information for the designated election official including: name, title, mailing address, email address, phone, and fax number.
	25.2.4	An Absentee ballot that is completed and returned by the elector via electronic mail must contain the elector’s printed name, signature, date of birth, and the following statement: “I am a member of the Uniformed Services and am qualified to apply for and vote by absentee ballot.  I also understand that by faxing my voted ballot, I am voluntarily waiving my right to a secret ballot.”
	25.2.5	To return a voted absentee ballot and affidavit by electronic mail, the elector must have access to the technology to scan the documents, save the documents in a secure format, and return the documents as an electronic mail attachment.
	25.2.6	Upon receipt of the voted ballot, the designated election official shall verify the elector’s signature pursuant to section 1-8-114.5, C.R.S. and Rule 29.  Upon verification of the elector’s signature, the ballot shall be duplicated pursuant to 1-8-103.5(2) C.R.S. and processed.
25.3	Overall UOCAVA Requirements
	25.3.1	Absentee ballots sent by ETS or facsimile transmission shall be in text format on 8 ½” x 11” white paper to increase the readability of the ballot and to avoid possible misinterpretations of the elector’s intended choice because of poor transmission of the document.
	25.3.2	Instructions sent by ETS or faxed to the elector with the blank ballot shall be in text format on 8 ½” x 11” white paper and shall include the following information:
(a)	The dedicated fax number or email address to which the voted ballot shall be returned (if applicable);
(b)	The total number of pages transmitted;
(c)	The total number of ballot pages;
(d)	The telephone number or e-mail address where the eligible elector may send questions regarding the fax absentee ballot;
(e)	A notice that the ballot shall not be duplicated for any other elector;
(f)	A notice that once the ballot is returned by an elector, it will be counted pursuant to section 1-8-116(4), C.R.S.; however, if an elector requests a replacement ballot, the first ballot returned will be counted pursuant to section 1-8-111(3), C.R.S.;
(g)	A notice that the voted ballot must be received by the clerk and recorder or Secretary of State no later than 7:00 p.m. Mountain Standard Time on election day;
(h)	A request for an e-mail address to which a confirmation notice of receipt of the ballot may be sent at the discretion of the county clerk and recorder; and 
(i)	Any other information deemed necessary by the Secretary of State or the designated election official.
	25.3.3	The designated election official shall fax a blank ballot with the instructions to the fax number provided by the elector, or to the ETS (if applicable).  If the transmission is unsuccessful, the designated election official shall attempt to fax the ballot at least two more times.
	25.3.4	Faxed ballot applications returned via facsimile transmission or electronic mail by the elector to the county clerk and recorder or the Secretary of State shall be received in the clerk and recorder’s office or the Secretary of State’s office no later than the close of business on the Friday immediately preceding the election.
	25..3.5	Any voted ballot by a Uniformed Services elector or an overseas elector received by the office of the Secretary of State by 7:00 p.m. Mountain Standard Time on election day shall be forwarded to the appropriate county clerk and recorder by overnight mail, fax, or courier no later than the next business day.  The office of the Secretary of State shall immediately notify the appropriate county clerk and recorder of the receipt and forwarding of the ballot.
	25.3.5.1	If a county is notified by the Secretary of State by 7:00 p.m. on election day that an absentee ballot has been received by the office of the Secretary of State, the clerk and recorder shall retain a minimum of ten (10) voted ballots, which shall be counted with the ballot received by the Secretary of State to ensure voter secrecy.
25.3.6	Any ballot transmitted to an elector by ETS or facsimile shall contain a unique identification number for tracking and auditing purposes.
	25.3.7	A log shall be kept by the designated election official of each ballot transmitted to an elector by ETS or facsimile indicating:
(a)	The name of the elector;
(b)	The fax number to which the ballot was sent, or email address (if applicable);
(c)	The unique identification number of the ballot;
(d)	The date the ballot and instructions were transmitted; and
(e)	The initials of the employee of the designated election official transmitting the ballot.
25.7.1	The electronic transmission log as well as any other ETS or fax records shall be maintained as part of the official election record.
	25.3.8	The county clerk and recorder shall report to the Secretary of State’s office no later than sixty (60) days from the date of the election:
(a)	The combined number of absentee ballots transmitted (faxed,  mailed, and emailed)
	(b)	The combined number of absentee ballots that were returned (faxed, mailed, and emailed);
(c)	The total number of absentee ballots that were counted (faxed, mailed, and emailed).