COLORADO SECRETARY OF STATE
8 CCR 1505-1
ELECTION RULES

Preliminary Draft of Proposed Rules

March 31, 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 April 30, 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.  Proposed deletions from current rules are shown in stricken type.   Annotations may be included.

Rule 1.1 would be amended as follows: 

1.1	As used in these Rules and the “Uniform Election Code of 1992” unless the context otherwise requires, the following terms shall have the meanings indicated:

a.	“active status” or “active record” means that there are no conditions or restrictions on the voter’s eligibility. Active status voters’ names will appear on the poll book, they will receive a ballot in a mail ballot election,  and they will receive election notice mailings. 

b. 	“Cancelled status” or “cancelled record” means that the voter’s eligibility has been cancelled or revoked in accordance with these rules and Title 1, C.R.S.  Cancelled voters’ records will remain in the statewide voter registration database; however, they are not eligible to vote in any election. Cancelled status voters’ names will not appear on the poll book and they will not receive election notice mailings.

c. 	“Confirmation card” means a mailing by forwardable mail that includes a registration form so that the voter may update his or her registration or request a mail-in ballot. The mailing shall be postage prepaid and have a returnable portion that is preaddressed to the sending county clerk and recorder.

d.	“District office of state concern” means any of the following offices:  Member of the State Board of Education, Member of the Board of Regents of the University of Colorado, and Member of the Board of Directors of the Regional Transportation District.

e.	“Inactive – failed to vote status” means that the voter was active prior to a general election, but subsequently failed to vote in that general election. Inactive – failed to vote status voters are eligible voters; their names will appear on the poll book and they will receive election notice mailings. 

f.	“Inactive – NCOA status” means that the county clerk and recorder has received information from the United States Postal Service National Change of Address service. Inactive - NCOA status voters are eligible voters and their names will appear on the poll book; however, they will not receive election notice mailings. 

g.	“Inactive – returned mail status” or “inactive – undeliverable status” means that a voter information card or confirmation card was returned to the county clerk and recorder by the United States Postal Service as undeliverable. Inactive – returned mail and Inactive – undeliverable status voters are eligible voters and their names will appear on the poll book; however, they will not receive election notice mailings. 

h.	“Inactive – undeliverable ballot status” means that a voter was mailed a ballot that was subsequently returned to the county clerk and recorder by the United States Postal Service as undeliverable. Inactive – undeliverable ballot status voters are eligible voters and their names will appear on the poll book; however, they will not receive election notice mailings.

Rule 2.10 would be amended as follows:

2.10	Changes to an Elector’s Voter Registration Record.  

2.10.1	If an elector submits a change to his or her voter registration record that does not contain all of the information required by sections 1-2-216 or 1-2-219, C.R.S., the county clerk and recorder may not make the requested change, unless the county clerk and recorder can confidently identify the voter, otherwise the county clerk and recorder shall notify the voter what additional information is required to process the request.

2.10.2	If an elector submits a change to his or her voter registration record and writes or selects a name of an organization that is not a qualified political party or qualified political organization, or writes “none”, the elector’s affiliation shall be recorded as “Unaffiliated”.

2.10.3	If an elector submits a change to his or her voter registration record and leaves the affiliation section blank, no change will be made to the voter’s affiliation in the registration record.

New rule 2.18 would be adopted as follows:

2.18	List Maintenance Pursuant to section 8 of the National Voter Registration Act of 1993.

2.18.1	When a voter information card or confirmation card is returned by the United States Postal Service to the county clerk and recorder as undeliverable, the county clerk and recorder shall mark the voter’s record “Inactive – returned mail” and in the case of a returned voter information card, shall mail a confirmation card.

2.18.2	National Change of Address (NCOA). No later than June 1 of every odd-numbered year, the Secretary of State shall utilize the NCOA service to compare the records of all voters marked “Inactive – failed to vote” with the NCOA database.

a. 	The Secretary of State shall forward a list to each county clerk and recorder of the records that appear to have a change of address based upon the NCOA comparison.

b.	The county clerk and recorder shall send a confirmation card to each voter who appears to have a change of address and shall mark the record “Inactive – NCOA”.

2.18.3	In accordance with section 1-2-605(7), C.R.S., no later than 90 days following a General Election, the county clerk and recorder in each county shall cancel only the registrations of electors:

a.	whose records have been marked “Inactive – returned mail”, “Inactive – NCOA” or “Inactive – undeliverable ballot”,

b.	 who have been mailed a confirmation card; and

c.	who have since failed to vote in two consecutive federal elections.

New Rule 50 would be adopted as follows:

50. Rules Concerning the Elections Best Practices and Vision Commission

50.1	Purpose

50.1.1	The Secretary of State recognizes that nonpartisan and open discussion regarding the administration and conduct of elections in Colorado is necessary to ensure that every eligible citizen has the opportunity to participate in fair, accessible, and impartial elections, and has the assurance that his or her vote will count.

50.1.2	The Secretary of State shall establish a Best Practices and Vision Commission (the Commission) to provide guidance to the Secretary of State on issues concerning the vision of elections and voting in Colorado and best practices in the administration of elections. 

50.1.3	The commission shall consider all aspects of voting and elections in Colorado including, but not limited to: the conduct and administration of elections; best practices, technology, simplicity, uniformity and standardization.

50.2	Membership of the Commission

50.2.1	The Commission membership shall include 15-19 members who are appointed by the Secretary of State. 

50.2.2	The membership shall include representation from the general public including, but not limited to:

a.	County clerk and recorders or employees of county clerk and recorders’ offices whose duties include elections administration,

b.	Other designated election officials or employees of designated election officials’ offices whose duties include elections administration,

c.	Political parties; and 

	d.	Voting advocacy groups.

50.2.3	The Secretary of State, or his or her designee, shall be a member and shall chair the Commission.

50.2.4	The Secretary of State’s office shall provide staff support to the Commission.

50.3	Meetings

50.3.1	The Commission shall meet no fewer than two times annually. Meetings shall be open to the public.  

50.3.2	Notices and records of meetings shall be published on the official website of the Secretary of State.

50.3.3	The Commission may request participation or information to be provided by county clerks and recorders or their elections staff, political parties, vendors, technical experts, or other members of the public, as may be appropriate.