Preliminary Draft of Proposed Rules

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

May 25, 2018

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 July 9, 2018 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 July 3, 2018.
Please note the following formatting key:
Font effect	Meaning	
Sentence case	Retained/modified current rule language	
Small caps	New language	
Strikethrough	Deletions	
Italic blue font text	Annotations	

Amendments to 8 CCR 1505-1 follow:
Amendments to Rule 2.3.2 concerning acceptable identification:
2.3.2	As used in section 1-1-104(19.5), C.R.S., government document means a document issued by a city, county, state, or federal government.
(a)	A government document includes:
(4)	Written correspondence from the county sheriff or his or her designee to the county clerk indicating that the elector is confined in a county jail or detention facility.
New Rule 2.9 concerning registered electors absent from the state (proposed renumbering and permanent adoption of temporary Rule 2.18, adopted on 5/16/18):
2.9	Registered electors absent from the state
2.9.1	A registered elector who is absent from the state but who maintains Colorado residency is eligible to be registered and to vote without holding a property interest in a fixed habitation in the state.
2.9.2	An absent elector’s voter registration address is the elector’s last residence address or the address the elector intends to return to in the state.  
Re-numbering of Rules 2.9 through 2.17 to 2.10 through 2.18
New Rule 2.19 concerning voter registration at county jails:
2.19	Registration of electors who are confined in a county jail or detention facility
2.19.1	Before each election, beginning with the 2018 general election, the county clerk must make efforts to coordinate with the sheriff or his or her designee at each county jail or detention center in the county to provide confined eligible individuals an opportunity to register to vote. 
Cross-reference updates:
7.2.15	The mail ballot return envelope for each unaffiliated voter in a primary election may provide a means for the county to determine, before opening the envelope, which party’s primary election ballot the elector returned. If the mail ballot return envelope does not provide such a means, or the county cannot determine which party’s ballot the elector returned before opening the envelope, the county must follow the process outlined in Rule 7.5.13 7.6.13. The county’s determination under this Rule may not rely solely on a voter’s self-reported selection (for example, a checkbox).
7.4.6	Upon receipt of the ballot, election judges must verify the signature on the affidavit under Rule 7.8 7.9. After the signature on the affidavit has been verified, a bipartisan team of election judges must duplicate the ballot following the procedures outlined in Rule 18. Duplicating judges must not reveal how the elector has cast his or her ballot.
[Current Rule 7.5.1(d), renumbered to Rule 7.6.1(d)]
(d)	The minimum number of drop-off locations must be open during reasonable business hours as defined in Rule 7.9.1(a) 7.10.1(a) and from 7:00 a.m. through 7:00 p.m. on election day.
New Rule 7.5 concerning ballot transmission to county jails and detention facilities:
7.5	Beginning in the 2018 general election, the county clerk must make efforts to coordinate with the sheriff or his or her designee at each county jail or detention center to facilitate voting for all confined eligible electors. 
7.5.1	The county clerk must describe the following in its mail ballot plan:
(a)	How the county clerk will provide each county jail or detention center voter information materials consistent with materials provided to non-confined eligible electors, including at a minimum a list of acceptable forms of identification under section 1-1-104(19.5), C.R.S., and the information required by sections 1-40-124.5 and 1-40-125, C.R.S.
(b)	The process by which the county clerk and the sheriff or his or her designee will facilitate voter registration, and delivery and retrieval of mail ballots for confined eligible electors. 
Re-numbering of Rules 7.5 through 7.7 to 7.6 and 7.8
Cross-reference updates:
7.5.5 7.6.5	The county clerk may request a waiver from the Secretary of State for remote drop off locations, exempting them from the ballot collection requirements in Rule 7.5.4 7.6.4. If the Secretary of State grants the waiver:
[Current Rule 7.5.14(a), renumbered to Rule 7.6.14(a)]
(a)	If the bipartisan team determines the elector voted in only one party’s primary election, the election judge with access to the envelope must record the party chosen in SCORE under Rule 7.5.13(c) 7.6.13(c) and the ballot must be counted. The county must retain any unvoted ballot as an election record.
7.7.1 7.8.1	If a mail or provisional ballot return envelope lacks a signature, the county clerk must follow the procedures for discrepant signatures outlined in section 1-7.5-107.3(2)(a), C.R.S., except as provided in Rule 7.7.4 7.8.4.
New Rule 7.8.5 (proposed renumbering and permanent adoption of temporary Rule 7.7.5, adopted on 4/25/18):
7.8.5	The county clerk must accept any completed cure form for a missing or discrepant signature, or a missing ID, that the county receives by 11:59 pm MT on the eighth day after the election.
Re-numbering of Rules 7.7 through 7.16 to 7.9 through 7.17
Cross-reference updates: 
7.9.10 7.10.10	Each county required to measure under Rule 7.9.9 7.10.9 must report its results to the Secretary of State no later than 30 days after the election.
7.11.3 7.12.3	Every voter service and polling center designated by the county clerk must meet the minimum security procedures for transmitting voter registration data as outlined in section 1-5-102.9, C.R.S., and Rule 2.16 2.17.
16.2.6	Upon receipt of a voted ballot sent by electronic transmission, the county clerk must verify the elector’s signature in accordance with Rule 7.8 7.9. After the affidavit has been verified, a bipartisan team of judges must duplicate the ballot. Duplicating judges must not reveal how the elector voted.