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from an election judge or any other person the elector selects. Additionally, any person,other than an election judge, who assists an elector must frrst complete a voterassistance/disabled voter self-affirmation form. Amendments to the rule headingimplement the people first language requirements ofHouse Billl0-1137.• New Rule 1 0.6, temporarily adopted on April 2, 2012, is permanently adopted withrevisions to clarify that the rule applies when a major political party nominates more thanone candidate for any office.• New Rule 10.7 establishes procedures for voiding the first and generating a new ballotwhen an elector submits a timely address or affiliation change after the county eithersends the voter file to a print vendor, prints, or mails ballots. The rule also clarifies whichballot to count when the county processes the change to the elector's record after it mailsballots.• Rules 12.4.l(a), 12.4.l(b)(2), and 12.42(a} are amended to implement changes made bysection 32 of House Bill12-1292 and section 10 of House Bi1112-1293. These changeshannonize mail ballot plan deadlines for elections conducted by the county clerk. Thechanges also adjust the deadline for a designated election official to submit a mail ballotplan for a nonpartisan recall election and for the Secretary of State to approve ordisapprove the plan.• New Rule 12.4.l(d), amendments to Rule 12.11, and new Rules 13.19 and 13.20 areadopted to clarify when a designated election official may mail ballots to an electorwhose record is marked inaGti'le failed to 'Y'Ote. Specifically, the changes to Rules12.4.1(d} and Rule 12.11 clarify that a county clerk may not mail a ballot in a coordinatedmail ballot election to an inactive- failed to vote elector. New Rule 13.19 clarifies that,in order to receive a mail-in ballot in a polling place or vote center election, an inactive -failed to vote elector must make a timely ballot request and update his or her record toactive. The rule changes further provide that a military or overseas elector whose recordis inactive or whose ballot request has expired may make obtain an application and ballotusing the statewide electronic ballot delivery system. Every county must use theapproved system to make these applications and ballots available to military and overseaselectors unless the county requests and receives a waiver.The Colorado General Assembly passed the Mail Ballot Act in 1990, which provided forcounties choosing to conduct a coordinated election to send ballots only to activeregistered electors. More recently, in 2008, the General Assembly passed House Bill08-1329, which amended section 1-7.5-108.5(2)(b), C.R.S. The changes in House Bill08-1329 were adopted to address concerns stemming from the 2006 general election.Election day 2006 saw unusually long lines throughout the day, leading to concerns thatvoters had simply given up, and become inactive - failed to vote as a result. The billcreated a one-time exception requiring designated election officials to send mail ballots toall inactive - failed to vote electors for mail ballot elections conducted in November2009. The bill also added section l-7.5-108.5(2)(b}, C.R.S., which stated that on July 1,2011, this one-time exception was repealed.Where the General Assembly intends for counties to mail ballots to inactive - failed tovote electors, the General Assembly specifically states that intent in the language of thestatute. For example, section 1-7.5-107(3)(a)(ll), C.R.S., requires mailing ballots to2Exhibit D
inactive - failed to vote electors who are affiliated with a participating party in a primarymail ballot election. In the repealed section 1-7.5-108.5(2)(b), C.RS., the GeneralAssembly specifically stated that counties were to mail ballots to inactive - failed to voteelectors in a coordinated election. But because the requirement was for a specific periodof time and has expired, county clerks may now send ballots only to active electors in acoordinated election.In 2011, the City and County of Denver determined that it would mail ballots to inactive- failed to vote electors in the coordinated election. The Secretary of State advisedDenver that the statute contemplated mailing only to active electors in a coordinatedelection. Denver refused to comply, and the Secretary filed a complaint in Denver districtcourt to enjoin Denver from mailing to inactive - failed to vote electors. Denverresponded and asserted several defenses, incJuding an allegation that the Secretary failedto comply with the rulemaking requirements of the Administrative Procedure Act (AP A).The changes to Rules 12.4.1(d) and Rule 12.11 address Denver's concern that theSecretary failed to comply with the AP A.• Amendments to Rule 26 clarify the procedures for processing provisional ballots in thestatewide voter registration system to ensure uniformity and consistency in statewideelections. Specifically, the revisions to Rule 26.10 state that the county clerk must makeupdates to the appropriate voter registration records before coding the ballots and linkingto the voter record. New Rule 26.11 provides that the county clerk must completely enterand code all provisional ballots in the statewide wter registration system before closingthe election, and new Rule 26.12 requires the county clerk to process all pollbooks beforeprocessing provisional ballots. Repealed Rule 26.1.6 is amended and relocated to newRule 26.13.• Amendments to Rule 29 clarify that the designated election official must use thesignature affidavit and signature verification letters and forms prescribed by the Secretaryof State. These changes also clarify that if a clerk calls any elector regarding an unsignedaffidavit, the clerk must call all electors whose affidavits are not signed.• Rule 30.1.6(a) is amended to implement changes made by Senate Billl2-062 and HouseBill 12-1292. Specifically, amendments to the definition of identification in sectionl-1-104(19.5)(a), C.R.S., list two additional forms of identification: (1) a valid veteranidentification card issued by the United States department of veterans affairs veterans'health administration with a photograph of the eligible elector; and (2) a valididentification card issued by a federally recognized tribal government certifying tribalmembership.• Rules 32.1, 32.2, 32.3, and 32.4 are repealed. House Bill 12-1293 re-codified Part 1 ofArticle 12 with respect to recall elections. As a result, the Rules are no longer necessary.• Amendments to Rule 41 clarify the role and duties of canvass boards to ensure uniformappointment and operation of canvass boards in state and federal elections. Specifically,the amendments:oClarify the makeup of and appointment to the canvass board. This rule clarifiesthat the board is a committee composed of the county clerk and recorder and theregistered electors appointed by the major parties in accordance with section3Exhibit D
Page 1 and 2:
DISTRICT COURT, CITY AND COUNTY OF
Page 3 and 4:
• Clerk Johnson contests the Secr
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11. The fact that the form included
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26. The Secretary does not dispute
Page 9 and 10:
Colo. Const. art. XX, § 6(d).The p
Page 11 and 12:
Code. Section 1-1-107(1)(a)-(c), C.
Page 13 and 14:
county. Absent evidence of State Bo
Page 15 and 16:
federal law “includes not only a
Page 17 and 18:
County Commissioners v. Fifty-first
Page 19 and 20:
Election officials must mail a vote
Page 21 and 22:
Electors who are designated as “i
Page 23 and 24:
voter information card to a registe
Page 25 and 26:
the history of election laws plainl
Page 27 and 28:
stated, “‘An inference drawn fr
Page 29 and 30:
ules because Denver has adopted the
Page 31 and 32:
THE SECRETARY IS ENTITLED TO AN INJ
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purging procedure and in our view i
Page 35 and 36:
You go back to the legislature. You
Page 37 and 38: CERTIFICATE OF SERVICEThis is to ce
Page 39 and 40: :.INTERROGATORY N0.1: Identify the
Page 41 and 42: (.electors would be mailed ballots
Page 43 and 44: INTERROGATORY NO.lO: Describe all c
Page 45 and 46: INTERROGATORY N0.12: State the date
Page 47 and 48: I, Judd Choate, hereby certify that
Page 49 and 50: I. Hilary Rudy, hereby certify that
Page 51 and 52: I, Ben Schier, hereby certify that
Page 53 and 54: 1742EFILED DocumentEFILED CO Denver
Page 55 and 56: 1744 Elections Cb. 374PRECINCT BOUN
Page 57 and 58: a political subdivision must use a
Page 59 and 60: 1 the genClal election. In the cass
Page 61 and 62: s1 eligible eleetot. except an elec
Page 63 and 64: SECTION L In Colorado Revised Statu
Page 65 and 66: t;nr·'•1'I~ .,2345678910II121314
Page 67 and 68: STATE OFCOLORADODepartment of State
Page 69 and 70: MAY NOT HAVE ACCESS TO CONFIDENTIAL
Page 71 and 72: must complete a VOTER ASSISTANCE FO
Page 73 and 74: Amendments to Rule 12.4.l(b)(2):New
Page 75 and 76: WITH THE DEADLINES IN SECTION 1-8.3
Page 77 and 78: 26.13.2 THE COUNTY CLERK. AND RECOR
Page 79 and 80: (L)(M)A VALID VETERAN IDENTIFICATIO
Page 81 and 82: (C)REQUESTING NEW LOGS OR REPORTS T
Page 83 and 84: 41.68.2 The CANVASS BOARD MUST USE
Page 85 and 86: 42.1 1 .2 If the designated electio
Page 87: STATE OFCOLORADODepartment of State
Page 91 and 92: 4. Section l-8-115(5)(d), C.RS., (2
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