1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

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1-10-101, C.R.S. Colorado presently has more than two major political parties.This rule affords each major party an equal number of representatives on thecanvass board, provided that each party submits representatives. For purposes ofefficient elections administration and fairness, this rule also limits the number ofrepresentatives from each major party to two and requires the canvass board toconsist of an odd number of members. Additionally, the rule clarifies that acandidate for office and members of the candidate's immediate family may notserve on the canvass board.o Clarify the canvass board's duties under section 1-10-101.5, C.R.S. In particular,the board is tasked with reviewing the election judges' reconciliation to accountand balance the election returns. The rule clarifies that where the board identifiesa discrepancy in the judges' reconciliation, it may review the ballots at issue onlyfor the purpose of correcting and accounting for the error. Clarifies the process forthe Secretary of State to provide assistan~ and guidance to the county clerk andcanvass boards. Specifically, the rule outlines the Secretary's role in the event thatthe board fails to certify or certifies imperfect returns. The rule provides thatwhere imperfect returns have a reasonable potential to affect the outcome of anyrace or ballot measure, the Secretary will investigate and assist the county clerkand board in resolving the imperfection before the state or county certifies theelection results.o Clarifies that watchers appointed under section 1-10.5-IOI(IXa), C.R.S., may________ -----------~o~b~s~~e~~~e~b~o~~~d~,~~h~illke~n~~~~omnnmw~it~s~dumu~·e~s.~~~um~~·e~~~t~o~R~w~e~8~.~-----------------------------• Revisions to Rule 42 include technical corrections and conforms the rule to changesmade by section 38 of House Bi1112-1292. Changes to Rule 42.2 clarify the definition ofelectronic transfer for emergency ballots. Additionally, Rules 42.11.3 through 42.11. 7 arerepealed in accordance w.ith amendments to section 1-8-115, C.R.S., that eliminate therequirement that the designated election official seek authority from the Secretary ofState before faxing an emergency mail-in ballot to an elector.II. Rulemaking AuthorityThe statutory and constitutional authority is as follows:1. Section 1-1-107(2){a), C.R.S., (2011), which authorizes the Secretary of State "[t]opromulgate, publish and distribute ... such rules as the secretary fmds necessary for theproper administration and enforcement of the election laws."2. Section l-1.5-104{l)(e), C.R.S., (2011), which authorizes the Secretary of State to"[p]romulgate rules in accordance with article 4 oftitle 24, C.R.S., as the secretary findsnecessary for proper administration and implementation of [the "Help America Vote Actof2002", 42 U.S.C. 15301-15545]."3. Section 1-7.5-106(2), C.R.S., (201 1), which authorizes the Secretary of State to "adoptrules governing procedures and fonns necessary to implement [Article 7.5 of Title 1,C.R.S.)."4Exhibit D
4. Section l-8-115(5)(d), C.RS., (2011), which authorize the Secretary of State to"prescribe by rule any procedure or requirements as may be necessary to implement theprovisions of[the emergency electronic transfer statute]."5. Section 1-8.5-112, C.R.S., (2011 ), which requires the Secretary of State to promulgate allappropriate rules ... for the purpose of ensuring the uniform application of [Article 8.5 ofTitle 1, C.RS.]."6. Section 1-10-104.5, C.R.S. (2011), which authorizes the Secretary of State to"promulgate rules ... for the purpose of establishing equitable unifonnity in theappointment and operation of canvass boards."5Exhibit D
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DISTRICT COURT, CITY AND COUNTY OF
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• 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
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Colo. Const. art. XX, § 6(d).The p
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Code. Section 1-1-107(1)(a)-(c), C.
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county. Absent evidence of State Bo
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federal law “includes not only a
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County Commissioners v. Fifty-first
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Election officials must mail a vote
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Electors who are designated as “i
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voter information card to a registe
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the history of election laws plainl
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stated, “‘An inference drawn fr
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ules because Denver has adopted the
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THE SECRETARY IS ENTITLED TO AN INJ
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purging procedure and in our view i
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You go back to the legislature. You
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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 and 88: STATE OFCOLORADODepartment of State
Page 89: inactive - failed to vote electors
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1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

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