COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

Preliminary Draft of Proposed Rules

January 30, 2009

Disclaimer:  This draft is not yet final.  The proposed changes to be considered at the public rulemaking 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 rulemaking is filed with the Secretary of State.

A final copy of the proposed rule changes will be available to the public no later than February 26, 2009, 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 “[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.”

Proposed additions to the current rules are reflected in small caps or underlined.  Proposed deletions from current rules are shown in stricken type.   Annotations may be included.

New Rule 2.17 would be permanently adopted as follows:

2.17	When a county clerk and recorder deems an applicant “not registered” upon receipt of an undeliverable new voter notification in accordance with section 1-2-509(3), C.R.S., the applicant shall be mailed a confirmation card by forwardable mail. The confirmation card shall have a postage prepaid returnable portion that is preaddressed to the sending county clerk and recorder.

2.17.1	If the county clerk and recorder receives a signed confirmation card within 90 days from an applicant who was deemed “not registered” in accordance with section 1-2-509(3), C.R.S.,  the applicant shall be deemed registered as of the date of the original application.

2.17.2	During the 28 days prior to an election, if an applicant who has been deemed “not registered” in accordance with section 1-2-509(3), C.R.S., completes a certificate of registration and presents identification in person at the office of the county clerk and recorder, the applicant shall be deemed registered as of the date of the original application.