1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...
1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ... 1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...
STATE OFCOLORADODepartment of State1700 BroadwaySuite 200Denver, CO 80290Scott GesslerSeeretary of StateSuzanne StaiertDeputy Secretary of StateStatement of Justification and Reasons for Adoption of Temporary RulesOffice of the Secretary of StateElection Rules8CCR1505-1August lS, 2012Amended Rules: 2.7.4, 2.11, 2.19.1, 8.6, 8.7, 8.8, 8.15, 9.1, 10.6, 12.4.1(a), 12.4.1(b)(2),12.42(a), 12.11, 26.10, 29.1.1, 29.1.3, 29.1.4, 29.8, 30.1.6(a), 41, 42.2, 42.6,and42.11.2New Rules: 2.7.5, 10.7,12.4.l(d),l3.19, 1320,26.11, 26.12, and 26.13Repealed Rules: 26.1.6 (relocated to new rule 26.13), 32.1, 32.2, 32.3, 32.4, 42.11.3, 42.11.4,42.11.5, 42.11.6, and 42.11.7In accordance with Colorado election law, 1 the Secretary of State finds that certain amendmentsto the existing election rules must be adopted and effective immediately to ensure the uniformand proper administration and enforcement of Colorado election Jaws during the 2012 generalelection. Temporary adoption is necessary both to comply with law and to preserve the publicwelfare generally.A public Rulemaking hearing was conducted in accordance with the State AdministrativeProcedure Acf on July 23, 2012, to receive comment and testimony on the proposed rules. Theserules implement the enactment of recommendations made by the Secretary of State, ElectionsDivision staff, County Clerk and Recorders, and interested parties throughout the State ofColorado. Adoption of the rules on a temporary basis is necessary to provide clear guidance tocounty clerks given the close proximity of the September I 0, 2012 ballot certification deadlineand the November 2012 General Election.For these reasons, and in accordance with the State Administrative Procedure Act, the Secretaryof State finds that adoption and immediate effect of the amendments to existing election rules isimperatively necessary to comply with state and federal Jaw and to promote public interests. 31Sections 1-l-107(1Xc), l-l-l07(2Xa), l-1.5-104(1Xe), C.R.S. (201 1). The Secretary of State has the power "[tJopromulgate, publish. and distribute ... such rules as [the Secretary] finds necessary for the proper administration andenforcement of the election laws" and "...[the "Help America Vote Act of2002", 42 U.S.C. 15301-15545] ...."2Section 24-4-103(3)(a), C.R.S. (2011).3Section 24-4-103(3)(6), C.R.S. (201 1).Main Number (303} 894-2200 TDD (303} 869-4867Administration (303} 860-6900 Web Site www.sos.state.co.usFax (303} 869-4860 E-mail administtation@sos.state.co.usExhibit D
- 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 and 90: inactive - failed to vote electors
- Page 91: 4. Section l-8-115(5)(d), C.RS., (2
STATE OFCOLORADODepartment of <strong>St</strong>ate1700 BroadwaySuite 200<strong>Denver</strong>, CO 80290Scott GesslerSeeretary of <strong>St</strong>ateSuzanne <strong>St</strong>aiertDeputy Secretary of <strong>St</strong>ate<strong>St</strong>atement of Justification and Reasons <strong>for</strong> Adoption of Temporary RulesOffice of the Secretary of <strong>St</strong>ateElection Rules8CCR1505-1August lS, 2012Amended Rules: 2.7.4, 2.11, 2.19.1, 8.6, 8.7, 8.8, 8.15, 9.1, 10.6, 12.4.1(a), 12.4.1(b)(2),12.42(a), 12.11, 26.10, 29.1.1, 29.1.3, 29.1.4, 29.8, 30.1.6(a), 41, 42.2, 42.6,and42.11.2New Rules: 2.7.5, 10.7,12.4.l(d),l3.19, 1320,26.11, 26.12, and 26.13Repealed Rules: 26.1.6 (relocated to new rule 26.13), 32.1, 32.2, 32.3, 32.4, 42.11.3, 42.11.4,42.11.5, 42.11.6, and 42.11.7In accordance with <strong>Colorado</strong> election law, 1 the Secretary of <strong>St</strong>ate finds that certain amendmentsto the existing election rules must be adopted and effective immediately to ensure the uni<strong>for</strong>mand proper administration and en<strong>for</strong>cement of <strong>Colorado</strong> election Jaws during the 2012 generalelection. Temporary adoption is necessary both to comply with law and to preserve the publicwelfare generally.A public Rulemaking hearing was conducted in accordance with the <strong>St</strong>ate AdministrativeProcedure Acf on July 23, 2012, to receive comment and testimony on the proposed rules. Theserules implement the enactment of recommendations made by the Secretary of <strong>St</strong>ate, ElectionsDivision staff, County Clerk and Recorders, and interested parties throughout the <strong>St</strong>ate of<strong>Colorado</strong>. Adoption of the rules on a temporary basis is necessary to provide clear guidance tocounty clerks given the close proximity of the September I 0, 2012 ballot certification deadlineand the November 2012 General Election.For these reasons, and in accordance with the <strong>St</strong>ate Administrative Procedure Act, the Secretaryof <strong>St</strong>ate finds that adoption and immediate effect of the amendments to existing election rules isimperatively necessary to comply with state and federal Jaw and to promote public interests. 31Sections 1-l-107(1Xc), l-l-l07(2Xa), l-1.5-104(1Xe), C.R.S. (201 1). The Secretary of <strong>St</strong>ate has the power "[tJopromulgate, publish. and distribute ... such rules as [the Secretary] finds necessary <strong>for</strong> the proper administration anden<strong>for</strong>cement of the election laws" and "...[the "Help America Vote Act of2002", 42 U.S.C. 15301-15545] ...."2Section 24-4-103(3)(a), C.R.S. (2011).3Section 24-4-103(3)(6), C.R.S. (201 1).Main Number (303} 894-2200 TDD (303} 869-4867Administration (303} 860-6900 Web Site www.sos.state.co.usFax (303} 869-4860 E-mail administtation@sos.state.co.usExhibit D
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