Preliminary Draft of Proposed Rules

Office of the Colorado Secretary of State
Election Rules
8 CCR 1505-1

February 27, 2013

Disclaimer:
In accordance with the State Administrative Procedure Act, this draft is filed with the Secretary of State and submitted to the Department of Regulatory Agencies.

This is a preliminary draft of the proposed rules that may be revised before the April 2, 2013 rulemaking hearing. If changes are made, a revised copy of the proposed rules will be available to the public and a copy will be posted on the Department of State’s website no later than March 28, 2013.

small caps indicate proposed additions to the current rules.
Stricken type indicates proposed deletions from current rules.
(Annotations) may be included.
New Rule 10.8:
10.8	Use of unique numbers on ballots.
10.8.1	Except for ballots sent to military or overseas electors by electronic transmission under Rule 25.2.7, no county may print a ballot for use in a state or federal election that has a unique number, or a barcode containing a unique number, that is specific to a single ballot. Nothing in this rule prohibits a county from printing a unique number or barcode on the removable stub.
10.8.2	After election judges have disassociated a voted ballot from its envelope and the stub is removed, the county may write or print unique numbers on the voted ballot for auditing and accounting purposes, including duplication of damaged ballots and risk limiting audits.
10.8.3	For ballots printed before the adoption of this rule that are in a county’s possession, the county must redact unique numbers, or barcodes containing unique numbers, before providing ballots in response to a request for inspection under the Colorado Open Records Act (Section 24-72-205.5(4)(b)(II), C.R.S.).
New Rule 10.9
10.9	Tracking ballot batches. The county clerk must implement a process to dissociate any batch number from the counted ballots no later than the final certification of the abstract of votes cast.