Colorado Glossary

The Colorado Address Confidentiality Program (ACP) is a statewide program that provides survivors of stalking, sexual assault, and domestic violence with a legal substitute address and mail forwarding. Under Colorado law, all state and local government agencies must accept a participant’s substitute address. ACP services are intended to enhance a comprehensive safety plan and contribute to increased survivor safety.

For more information about enrolling in ACP, please visit: https://dcs.colorado.gov/acp/enrolling-in-the-acp  

1-13.5-1101. Independent mail ballot elections. Any local government may conduct an independent mail ballot election utilizing the procedures in this part 11.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 43, § 6, effective February 18.

1-13.5-1102. Definitions. As used in this part 11, unless the context otherwise requires:

(1)          "Independent mail ballot election" means a mail ballot election that the governing body of a local government determines will not be coordinated by the county clerk and recorder.

(2)          "Mail ballot packet" means the packet of information provided by the designated election official to eligible electors in the independent mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope.

(3)          "Publication" means one-time printing in a newspaper of general circulation in the local government or proposed special district if there is such a newspaper, or, if not, in a newspaper in the county in which the local government or proposed special district is or will be located. For a local government with territory in more than one county, if there is no newspaper of general circulation in the local government, "publication" means the one-time printing in a newspaper of general circulation in each county in which the local government is located and in which fifty or more eligible electors of the local government resides.

(4)          "Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation substantially in the form described in section 1-13.5-605 (1) to be signed by, an eligible elector voting in an independent mail ballot election, into which envelope must fit a secrecy envelope. A return envelope must be designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.

(5)          "Secrecy envelope" means the envelope or sleeve used for an independent mail ballot election that contains the eligible elector's ballot for the election and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 43, § 6, effective February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1269, § 11, effective August 10.

1-13.5-1103. Independent mail ballot elections - optional - cooperation with county clerk and recorder permitted - exception. (1) If the governing body of any local government determines that an election shall be by independent mail ballot, the designated election official for the local government shall conduct the election by mail ballot pursuant to this part 11.

(2)          Nothing in this part 11 requires that any election be conducted by mail ballot.

(3)          Notwithstanding the fact that an independent mail ballot election is an election that is not coordinated by a county clerk and recorder, the designated election official of a local government and the county clerk and recorder may, by agreement, cooperate on any election procedure or notice.

(4)          Notwithstanding any provision of this article to the contrary, the designated election official of a local government shall mail a ballot to every eligible elector of the local government who resides within the boundaries of the local government and who is a covered voter, as that term is defined in section 1-8.3-102, for any election conducted under this article.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 44, § 6, effective February 18. L. 2016: (4) amended, (HB 16-1442), ch. 313, p. 1269, § 12, effective August 10.

1-13.5-1104. Preelection process - notification of independent mail ballot election - plan required - duties of designated election official. (1) The designated election official responsible for conducting an election that is to be by independent mail ballot pursuant to this part 11 shall, no later than fifty-five days prior to the election, have on file at the principal office of the local government or designated election official a plan for conducting the independent mail ballot election. The plan is a public record.

(2)          The designated election official shall supervise the distributing, handling, and counting of ballots and the survey of returns, and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.

(3)          No elector information may be delivered to an elector in the form of a sample ballot.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 44, § 6, effective February 18.

1-13.5-1105. Procedures for conducting independent mail ballot election. (1) Official ballots must be prepared and all other preelection procedures followed as otherwise provided by law; except that mail ballot packets must be prepared in accordance with this part 11.

(2)          (a) Except for coordinated elections conducted pursuant to an intergovernmental agreement as a mail ballot election where the county clerk and recorder is the coordinated election official under the "Uniform Election Code of 1992", articles 1 to 13 of this title, no later than thirty days prior to election day, the county clerk and recorder in which the local government is located shall submit to the designated election official conducting the independent mail ballot election a complete preliminary list of registered electors. For special district independent mail ballot elections, the county clerk and recorder and county assessor of each county in which a special district is located shall certify and submit to the designated election official a property owners list and a list of registered electors residing within the affected district.

(b) Not later than twenty days prior to election day, the county clerk and recorder and, if appropriate, county assessor, required to submit a preliminary list in accordance with paragraph

(a)          of this subsection (2) shall submit to the designated election official a supplemental list of the names of eligible electors or property owners who registered to vote on or before twenty-two days prior to the election and whose names were not included on the preliminary list.

(c)           All registered electors' names and property owners lists provided to a designated election official under this section shall include the last mailing address of each elector.

(d)          (I) No later than twenty days before an election, the designated election official, or the coordinated election official if so provided by an intergovernmental agreement, shall provide notice by publication of an independent mail ballot election conducted pursuant to this article, which notice shall state, as applicable for the particular election for which the notice is provided, the information set forth in section 1-13.5-502.

(II) The notice required to be given by this paragraph (d) is in lieu of the notice requirements set forth in section 1-13.5-502.

(3)          Subsequent to the preparation of ballots, but prior to the mailing required under subsection (4) of this section, a designated election official shall provide a mail ballot to an eligible elector requesting the ballot at the office designated in the mail ballot plan.

(4)          (a) Not sooner than twenty-two days before an election, and no later than fifteen days before an election, the designated election official shall mail to each active registered elector and any electors who are authorized to vote pursuant to section 1-13.5-202 or other applicable law, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet marked "Do not forward. Address correction requested.", or any other similar statement that is in accordance with United States postal service regulations.

(b)          The ballot or ballot label must contain the following warning:

Warning:

Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.

(c)           (I) The return envelope must have printed on it a self-affirmation substantially in the form provided in section 1-13.5-605 (1).

(II)          The signing of the self-affirmation on the return envelope constitutes an affirmation by the eligible elector to whom the ballot was provided, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, that is witnessed by another person who signs as witness where indicated on the return envelope.

(III)         Repealed.

(d)          Not sooner than twenty-two days prior to election day, and until 7 p.m. on election day, mail ballots must be made available at the office designated in the mail ballot plan for eligible electors who are not listed or who are listed as "Inactive" on the county voter registration records or, for special district independent mail ballot elections, not listed on the property owners list or the registration list but who are authorized to vote pursuant to section 1-13.5-202 or other applicable law.

(e)          (I)   An eligible elector may obtain a replacement ballot if his or her original ballot was destroyed, spoiled, lost, or for any other reason not received by the eligible elector. An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed. In order to obtain a ballot, the eligible elector must sign a sworn statement specifying the reason for requesting the ballot, which statement must be presented to the designated election official no later than 7 p.m. on election day. The designated election official shall keep a record of each ballot issued in accordance with this paragraph (e) with a list of each ballot obtained pursuant to paragraph (d) of this subsection (4).

(II) A designated election official or election judge shall not transmit a mail ballot packet under this paragraph (e) unless a sworn statement requesting the ballot is received on or before election day. A ballot may be transmitted directly to the eligible elector requesting the ballot at the office designated in the mail ballot plan or may be mailed to the eligible elector at the address provided in the sworn statement. Such ballots may be cast no later than 7 p.m. on election day.

(5)          (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, and comply with the instructions provided with the ballot.

(b)   The eligible elector may return the marked ballot to the designated election official by United States mail or by depositing the ballot at the office of the official or any place identified in the mail ballot plan by the designated election official. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office identified in the mail ballot plan or an identified depository, which must remain open until 7 p.m. on election day. The depository must be identified by the designated election official and located in a secure place under the supervision of the designated election official, an election judge, or another person named by the designated election official.

(6)          Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records and property owners list, as applicable, to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot qualifies and is otherwise valid, the

election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.

(7)          All deposited ballots shall be counted as provided in this part 11. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (6) of this section. Mail ballots shall be counted in the same manner as provided by section 1-13.5-609 for counting paper ballots or section 1-13.5-708 or 1-13.5-811 for counting electronic ballots. If the election judge or designated election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector shall be considered the elector's official ballot. Rejected ballots shall be handled in the same manner as provided in section 1-13.5-1010.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 45, § 6, effective February 18. L. 2016: (3), (4)(d), (4)(e)(II), and (5)(b) amended, (SB 16-142), ch. 173, p. 589, § 73, effective May 18; (4)(c)(III) repealed, (HB 16-1442), ch. 313, p. 1269, § 13, effective August 10.

L. 2021: (4)(a) amended, (SB 21-160), ch. 133, p. 538, § 5, effective September 7.

1-13.5-1105.5. Voting by electors at group residential facilities. For independent mail ballot elections conducted under this part 11, upon the request of any eligible elector of the local government residing in a facility described in section 1-7.5-113 (1), the designated election official shall appoint a committee for delivery of mail ballots to, and return of voted mail ballots from, the facility in accordance with section 1-7.5-113.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.

1-13.5-1106. Delivery of misdelivered ballots. (1) If an elector delivers a ballot, mail ballot, or absentee voter's ballot to the designated election official, polling place, or election judge of another local government, or to the county clerk and recorder, the recipient may accept the ballot and, if accepted, must arrange for its delivery to the proper person by 7 p.m. on election day. The reasonable cost of such delivery must be paid by the local government conducting the election in which the voter intended to cast the ballot.

(2) If the error in delivery of a ballot is discovered too late for delivery by 7 p.m. on election day, the ballot must be mailed to the proper designated election official and maintained as an election record, but not counted.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1269, § 14, effective August 10.

1-13.5-1107. Counting mail ballots. The election officials at the mail ballot counting place shall receive and prepare mail ballots delivered and turned over to them by the election judges for counting. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.

1-13.5-1108. Write-in candidates. Any write-in candidate is allowed in independent mail ballot elections if the candidate has filed an affidavit of intent with the designated election official as required by law.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.

1-13.5-1109. Challenges. Votes cast pursuant to this part 11 may be challenged pursuant to and in accordance with law, including the challenge and rejection of ballot provisions set forth in section 1-13.5-1010. Any independent mail ballot election conducted pursuant to this part 11 will not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with this part 11.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.

1-13.5-1001. When absentee electors may vote. Any eligible elector of a local government may cast an absentee voter's ballot at the election in the manner provided in sections 1-13.5-1002 to 1-13.5-1007.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18.

1-13.5-1002. Application for absentee voter's ballot - delivery - list. (1) (a) (I) Requests for an application for an absentee voter's ballot may be made orally or in writing. The application may be in the form of a letter. The application may request that the applicant be added to the permanent absentee voter list for the local government.

(II) Applications for absentee voters' ballots shall be filed in writing and be personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to the applicant. If the applicant is unable to sign the application, the applicant shall make such applicant's mark on the application, which must be witnessed in writing by another person.

(b) The application must be filed with the designated election official not later than the close of business on the Tuesday immediately preceding the next local government election in which the absentee voter wishes to vote by absentee voter's ballot.

(2) (a) Upon timely receipt of an application for an absentee voter's ballot, the designated election official receiving it shall examine the records of the county clerk and

recorder or county assessor, as appropriate, to ascertain whether or not the applicant is registered and lawfully entitled to vote as requested.

(b)   If the person is found to be so entitled, the designated election official shall deliver, as soon as practicable but not more than seventy-two hours after the blank ballots have been received, an official absentee voter's ballot, an identification return envelope with the affidavit or the envelope properly filled in as to address of residence as shown by the records of the county clerk and recorder, and an instruction card. The identification return envelope must state "Do not forward. Address correction requested." or any other similar statement that is in accordance with United States postal service regulations. The delivery must be made to the applicant either personally in the designated election official's office or by mail to the mailing address given in the application for an official absentee voter's ballot.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18. L. 2016: (1)(b) and (2)(b) amended, (HB 16-1442), ch. 313, p. 1268, § 9, effective August 10. 

1-13.5-1003. Application for permanent absentee voter status. (1) Any eligible elector of a political subdivision may apply for permanent absentee voter status. The application for permanent absentee voter status must be made in writing or by facsimile using an application form or letter furnished by the designated election official of the political subdivision. The application must contain the same information submitted in connection with an application for an absentee voter's ballot pursuant to section 1-13.5-1002.

(2)          Upon receipt of an application for permanent absentee voter status, the designated election official shall process the application in the same manner as an application for an absentee voter's ballot. If the designated election official determines that the applicant is an eligible elector, the designated election official shall place the eligible elector's name on the list maintained by the political subdivision pursuant to section 1-13.5-1004 of those eligible electors to whom an absentee voter's ballot is mailed every time there is an election conducted by the political subdivision for which the eligible elector has requested permanent absentee voter status.

(3)          If there is no designated election official presently appointed in the local government, the secretary of the local government shall process the application for permanent absentee status in accordance with subsections (1) and (2) of this section.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 39, § 6, effective February 18. L. 2016: (3) added, (HB 16-1442), ch. 313, p. 1269, § 10, effective August 10.

1-13.5-1004. List of absentee voters' ballots - removal from list. (1) The designated election official shall keep a list of names of eligible electors who have applied for absentee voters' ballots and of those permanent absentee voters placed on the list pursuant to section 1- 13.5-1003 (2), with the date on which each application was made, the date on which the absentee voter's ballot was sent, and the date on which each absentee voter's ballot was returned. If an absentee voter's ballot is not returned, or if it is rejected and not counted, that fact must be noted on the list. The list is open to public inspection under proper regulations.

(2)          (a) An eligible elector whose name appears on the list as a permanent absentee voter must remain on the list and must be mailed an absentee voter's ballot for each election conducted

by the political subdivision for which the eligible elector has requested permanent absentee voter status.

(b)          An eligible elector must be deleted from the permanent absentee voter list if:

(I)           The eligible elector notifies the designated election official that he or she no longer wishes to vote by absentee voter's ballot;

(II)          The absentee voter's ballot sent to the eligible elector is returned to the designated election official as undeliverable;

(III)         The eligible elector has been deemed "Inactive" pursuant to section 1-2-605; or

(IV)         The person is no longer eligible to vote in the political subdivision.

(3)          The designated election official shall keep a list of the names of eligible electors applying for an absentee voter's ballot, the number appearing on the stub of the ballot issued to such eligible elector, and the date the ballot is delivered or mailed. This information may be recorded on the registration record or registration list before the registration book or list is delivered to the election judges. A separate list of the eligible electors who have received absentee voter's ballots must be delivered to the election judges in the polling place designated for counting absentee voter's ballots, or, if the designated election official elects to deliver absentee voters' envelopes received from electors to the election judges of such polling place, as provided by section 1-13.5-1006, a separate list of the eligible electors who have received absentee voter's ballots must be delivered to the election judges of each such polling place.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 39, § 6, effective February 18.

1-13.5-1005. Self-affirmation on return envelope. (1) The return envelope for an absentee voter's ballot must have printed on its face a self-affirmation substantially in the form provided in section 1-13.5-605 (1).

(2) If applicable, the self-affirmation provided in section 1-13.5-605 (2) may be substituted for the self-affirmation in section 1-13.5-605 (1).

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 40, § 6, effective February 18.

1-13.5-1006. Manner of absentee voting by paper ballot. (1) Any eligible elector applying for and receiving an absentee voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely. The envelope may be delivered personally or mailed by the voter to the designated election official issuing the ballot. It is permissible for a voter to deliver the ballot to any person of the voter's own choice or to any duly authorized agent of the designated election official for mailing or personal delivery to the designated election official. To be counted, all envelopes containing absentee voter's ballots must be in the hands of the designated election official or an election judge for the local government not later than 7 p.m. on election day.

(2) Upon receipt of an absentee voter's ballot, the designated election official or an election judge shall write or stamp on the envelope containing the ballot the date and hour that the envelope was received and, if the ballot was delivered in person, the name and address of the person delivering the same. The designated election official or election judge shall safely keep and preserve all absentee voter's ballots unopened until the time prescribed for delivery to the judges as provided in section 1-13.5-1008.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 40, § 6, effective February 18.

1-13.5-1007. Absentee voters' voting machines - electronic voting systems. (1) Any local government using voting machines in a local government election may provide one or more machines in the designated election official's office for the use of qualified applicants for absentee voters' ballots. If such machines are provided, they must be available from twelve days prior to the election until the close of business on the Friday immediately preceding the election. Votes on the machines must be cast and counted in the same manner as votes would be cast and counted on a voting machine in a polling place on election day. The designated election official shall supervise the casting and counting of absentee voters' ballots on the machines. The machines shall remain locked and the tabulation of the votes cast must remain unknown until election day.

(2)   Any local government using an electronic voting system may provide such system for the use of qualified applicants for absentee voters' ballots. Such system must be available from twelve days prior to the election until the close of business on the Friday immediately preceding the election. Votes cast using such system must be cast in the same manner as votes would be cast in a polling place on election day. The designated election official shall supervise the casting and counting of absentee voters' ballots using such system.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 41, § 6, effective February 18.

1-13.5-1008. Delivery to judges. Not later than 8:30 a.m. on the day of any local government election, the designated election official shall deliver to the election judges of one of the polling places of the local government, which polling place shall be selected by the designated election official, all the absentee voters' ballot envelopes received up to that time, in sealed packages. The designated election official shall take a receipt for the packages, together with the list of absentee voters, or, in the designated election official's discretion, the designated election official may elect to deliver the absentee voters' envelopes received from electors and the list of absentee voters to the election judges of the polling place. The designated election official shall continue to deliver any envelopes that are received thereafter during that day up to and including 7 p.m. On the sealed packages must be printed or written, "This package contains .

. . (number) absentee voters' ballots." With the envelopes, the designated election official shall deliver to one of the election judges all the books, records, and supplies as are needed for tabulating, recording, and certifying said absentee voters' ballots.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 41, § 6, effective February 18.

1-13.5-1009. Casting and counting absentee voters' ballots. If the self-affirmation on the envelope containing an absentee voter's ballot is properly sworn to, one of the election judges shall tear open the voter's identification envelope in the presence of a majority of the judges without defacing the self-affirmation printed thereon or mutilating the enclosed ballot. One of the election judges shall verify the name of the eligible elector and ballot number issued to such elector and carefully remove the stub from the ballot. The ballot must then be cast and counted in the same manner as if the absentee voter had been present in person; except that one of the judges shall deposit the ballot in the ballot box without unfolding it. The absentee vote must be counted and certified separately from the votes of the polling place where it is counted.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 42, § 6, effective February 18.

1-13.5-1010.   Challenge of absentee voters' ballots - rejection - record. (1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the election judges may determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the voter is not an eligible elector, the envelope containing the ballot of the voter shall not be opened, and the judges shall endorse on the back of the envelope the reason for rejection. When it is made to appear to the election judges by sufficient proof that any absentee voter who has marked and forwarded a ballot has died, the envelope containing the ballot of the deceased voter shall not be opened, and the judges shall make proper notation on the back of such envelope. If an absentee voter's envelope contains more than one marked ballot, none of the ballots in that envelope may be counted, and the judges shall note on the envelope the reason that the ballots were not counted. If an absentee voter's envelope does not contain all pages of a ballot, only the marked and returned pages shall be counted. Election judges shall certify in their returns the number of absentee voter's ballots cast and counted and the number of such ballots rejected.

(2)          All absentee voters' envelopes, ballot stubs, and absentee voters' ballots rejected by the election judges in accordance with subsection (1) of this section must be returned to the designated election official. All absentee voters' ballots received by the designated election official after 7 p.m. on the day of the election, together with those rejected and returned by the election judges as provided in this section, must remain in the sealed identification envelopes.

(3)          If an absentee voter's ballot is not returned or if it is rejected and not counted, the fact shall be noted on the record kept by the designated election official. Such record is open to public inspection under proper regulations.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 42, § 6, effective February 18.

1-13.5-1011. Emergency absentee voting - definition. (1) (a) If an eligible elector is confined in a hospital or at his or her place of residence on election day because of conditions arising after the closing day for absentee voters' ballot applications, he or she may request, by a written statement signed by him or her, that the designated election official send him or her an emergency absentee voter's ballot. The designated election official shall deliver the emergency absentee voter's ballot, with the word "emergency" stamped or written on the stubs of the ballot, at his or her office, during the regular hours of business, to any authorized representative of the elector possessing a written statement from the voter's physician, physician assistant authorized under section 12-240-107 (6), advanced practice registered nurse, or nurse practitioner that the voter will be confined in a hospital or his or her place of residence on election day. The authorized representative shall acknowledge receipt of the emergency absentee voter's ballot with his or her signature, name, and address.

(b) For purposes of this subsection (1), "authorized representative" means a person possessing a written statement from the elector containing the elector's signature, name, and address and requesting that the elector's emergency absentee voter's ballot be given to the authorized person as identified by name and address.

(2) A request for an emergency absentee voter's ballot under this section shall be made, and the ballot shall be returned, to the designated election official's office no later than 7 p.m. on election day.

Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 42, § 6, effective February 18. L. 2016: (1)(a) amended, (SB 16-158), ch. 204, p. 720, § 2, effective August 10. L. 2019:

(1)(a) amended, (HB 19-1172), ch. 136, p. 1642, § 4, effective October 1.

Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.

10.1 Precanvass accounting

10.1.1 Detailed Ballot Log. The designated election official must keep a detailed ballot log that accounts for every ballot issued and received beginning when ballots are ordered and received. The election officials must reconcile the log at the conclusion of each workday.

10.1.2 Daily voter service and polling center ballot accounting. The designated election official must supply each polling location with a Statement of Ballots Form. Election judges must record the following information on a separate statement of ballots form for each day that the polling location is open:

(a) The name or number of the polling location;

(b) The number of ballots provided to or printed on-demand at the polling location;

(c) The number of ballots cast;

(d) The number of unvoted ballots;

(e) The number of damaged or spoiled ballots;

(f) The number of voted provisional ballots; and

(g) The date.

10.1.3 After a polling location closes for the day election judges must complete the following tasks:

(a) Reconcile the total number of voted ballots with the number of voters who voted.

(b) Verify that the total number of voted ballots, spoiled or damaged ballots, provisional ballots, and unvoted ballots is the same as the number of total ballots supplied to or printed at the polling location.

(c) Reconcile the number of people who signed signature cards to the total number of ballots cast.

(d) Provide a written explanation of any discrepancy in the numbers on the Statement of Ballots form, (for example, the voter signed in but left the polling location without voting, etc.).

10.1.4 After the voter service and polling center closes on election night, election judges must return the completed Statement of Ballots form for each day the location was open along with all voted ballots to one of the election offices designated in the election plan.

10.1.5 The designated election official must review the Statement of Ballots forms for completion and accuracy.

10.2 Appointment to the Canvass Board

10.2.1 In all cases, the canvass board must consist of an odd number of members, and each member has equal voting rights.

10.2.2 For a partisan election, each major party may have no more than two representatives on the canvass board. The board must include an equal number of representatives from each major party, unless a major party fails to certify representatives for appointment.

10.2.3 Each major party representative on the canvass board must be registered to vote in the county where the representative will serve and affiliated with the party he or she represents.

10.2.4 A candidate for office and members of the candidate’s immediate family may not serve on the canvass board.

10.2.5 The designated election official may appoint canvass workers to help prepare and conduct the canvass.

10.3 Duties of the Canvass Board

10.3.1 The canvass board must make its determinations by majority vote in accordance with section 1-10-101.5(1)(c), C.R.S.

10.3.2 The canvass board’s only duties are to:

(a) Conduct the canvass and certify the official abstract of votes in accordance with section 1-10-101.5, C.R.S., by:

(1) Reconciling the number of ballots counted to the number of ballots cast; and

(2) Reconciling the number of ballots cast to the number of voters who voted.

(b) Observe the post-election audit in accordance with section 1-7-514(4), C.R.S., and Election Rule 25.2 or 25.3;

(c) In coordination with the county clerk, investigate and report discrepancies found in the audit under section 1-7-514(2), C.R.S.; and

(d) Conduct any recount in accordance with section 1-10.5-107, C.R.S., and this Rule. The canvass board’s role in conducting a recount includes selecting ballots for the random test, observing the recounting of ballots, and certifying the results.

10.3.3 The canvass board may not perform duties typically reserved for election judges while canvassing the results, including:

(a) Determining voter intent;

(b) Evaluating voter eligibility, including reviewing signatures that have been accepted or rejected; and

(c) Requesting new logs or reports that were not created to conduct the election.

10.3.4 Watchers appointed under section 1-10-101(1)(a), C.R.S., may observe the board while it performs its duties, subject to Rule 8.

10.4 No canvass board may certify official results until authorized to do so by the Secretary of State. The Secretary of State may extend the canvass deadline for one or more counties in order to complete the risk-limiting audit in accordance with Rule 25.2. Before certifying official results, a county that conducts a comparison audit as defined in Rule 25.1.4 must manually adjust the preliminary results to account for discrepancies identified in the risk-limiting audit if directed by the Secretary of State.

10.5 Procedures for Canvass

10.5.1 The designated election official must provide the following information to the canvass board:

(a) The name of each candidate, office, and votes received;

(b) The number or letter of each ballot issue or question and votes received;

(c) The total number of ballots cast;

(d) The number of provisional ballots cast, including totals for:

(1) Ballots accepted by each code; and

(2) Ballots rejected by each code.

(e) The number of mail ballots cast, including totals for:

(1) Ballots accepted; and

(2) Ballots rejected by each code.

(f) The number of in-person ballots counted;

(g) The number of damaged and spoiled ballots.

(h) If applicable, the number of ballots cast in each party’s primary election, including totals for:

(1) Ballots accepted in each party’s primary election by affiliated and unaffiliated voters; and

(2) Ballots rejected by each code.

10.5.2 Any written documentation regarding official results must be included as part of the canvass.

10.5.3 Written Complaints

(a) The designated election official must provide the canvass board with any written complaint submitted by a registered elector about a voting device.

(b) If the complaint is resolved, the designated election official must provide the details of the resolution.

(c) If the complaint is pending resolution when the board meets to conduct the canvass, the designated election official must provide a proposal for how the issue will be resolved.

10.6 Official Abstract and Reporting to the Secretary of State

10.6.1 The official county abstract must include, by precinct or ballot style, where applicable:

(a) The total number of active registered electors on election day;

(b) The total number of registered electors (active and inactive) on election day;

(c) The statement of votes counted by race and ballot question or issue; and

(d) The total number of ballots cast in the election.

10.6.2 A county must submit the state portion of the abstract and the ENR upload required by Rule 11.9.6 to the Secretary of State in the format approved by the Secretary of State. The state portion of the abstract must include:

(a) The summary of votes cast for each state race and each ballot question or issue; and

(b) The total number of ballots counted in the election.

10.6.3 If a majority of the canvass board votes not to certify the abstract of votes cast or does not make a final determination by the deadline to certify the abstract of votes cast, the county clerk must forward the abstract that has not been certified to the Secretary of State along with a report from the canvass board describing why the abstract has not been certified. Upon receiving an abstract under this rule, or if the county clerk does not provide the abstract to the Secretary of State by the deadline to certify the abstract of votes cast, the Secretary of State will consider whether to canvass the returns under section 1-10-104, C.R.S.

10.7 The County Abstract is the Official Permanent Record

10.7.1 The designated election official must keep all official canvass reports and forms as part of the official permanent election record.

10.7.2 Once the canvass board certifies the abstract it may not withdraw the certification. In the event of a recount, the canvass board may only affirm or amend the abstract.

10.8 Role of the Secretary of State

10.8.1 As part of the Secretary’s duties under section 1-1-107, C.R.S., the Secretary may provide guidance and investigate imperfections as outlined below.

10.8.2 The county clerk or any canvass board member may request that the Secretary of State provide guidance and support to the canvass board in the exercise of the board’s duties.

10.8.3 If, in the course of assisting a canvass board, the Secretary of State discovers an imperfection that the Secretary believes may affect the conduct of other canvass boards, the Secretary may provide notice to other counties regarding the nature of the imperfection.

10.9 Recount generally

10.9.1 The purpose of a recount is to re-tabulate the ballots.

10.9.2 A county that has successfully completed a comparison audit under Rule 25.2 and reported no discrepancies in the recount contest need not re-scan ballots during a recount, except as provided in Rule 10.9.3. In all cases, the county must re-adjudicate ballot images for voter intent in accordance with Rule 10.13.3.

10.9.3 The losing candidate with the most votes, or an interested party as defined in section 1-10.5-106, C.R.S., may request that the county re-scan ballots. The request is due no later than the day after the deadline to order a mandatory recount or the day after the deadline to request a recount, whichever is applicable.

10.9.4 For statewide or federal races, ballot issues or ballot questions, the county clerk must coordinate scheduling the recount through the Secretary of State’s office so that it can ensure adequate observer coverage.

10.9.5 If there is a recount in a local jurisdiction whose borders encompass area in more than one county, the controlling county, as defined in Rule 4.2.2, must coordinate the scheduling and conduct of the recount with each county that shares the jurisdiction.

10.9.6 If all losing candidates who received enough votes to trigger a mandatory recount submit letters of withdrawal to the DEO in accordance with section 1-4-1001, C.R.S., the DEO must immediately notify the county clerk and the county clerk need not conduct the recount.

10.10 Recount cost estimates and reimbursements

10.10.1 A county must submit a request for reimbursement for a mandatory recount of a state or federal race or ballot measure using the Secretary of State approved form. The county may not request reimbursement for meals or normal overhead costs or regular employee compensation. The county must include itemized costs for reasonable expenditures, including:

(a) Mailings and notices;

(b) Election judges, temporary staff, canvass board pay, and overtime pay; and

(c) Copies and other office expenses related to the recount.

10.10.2 Requested recounts

(a) The county clerk must provide an itemized cost estimate in accordance with section 1-10.5-106, C.R.S., upon submission of a formal request for a recount.

(b) In preparing a cost estimate for a requested recount, the county must use the Secretary of State approved form. The estimate must include reasonable itemized costs for conducting the recount. The county may not request reimbursement for normal overhead costs.

(c) The county clerk must submit a cost estimate to the Secretary of State when the clerk provides it to a requesting party.

10.11 In accordance with section 1-10.5-107, C.R.S., and Rule 10.3.2(d), the canvass board’s role in conducting a recount includes selecting ballots for the test, observing the recounting of ballots, and certifying the results.

10.12 Testing recount equipment

10.12.1 The canvass board must review the post-election audit before selecting the equipment for testing under section 1-10.5-102(3), C.R.S.

10.12.2 If the county re-scans ballots during the recount, the county clerk must test all ballot scanners that will be used. The purpose of the test is to ensure that the voting system accurately tabulates votes in the recounted contest.

(a) The county must prepare and tabulate the following test decks:

(1) The county recount test deck must include every ballot style and, where applicable, precinct style containing the recounted contest. It must consist of enough ballots to mark every vote position and every possible combination of vote positions, and include overvotes, undervotes, and blank votes in the recounted contest.

(2) In a requested recount, the person requesting the recount may mark up to 10 ballots. Any other candidate in the contest, or person or organization who could have requested the recount, may also mark up to 10 ballots.

(3) In a mandatory recount, at least two canvass board members of different party affiliations must each mark an additional 10 ballots containing the recounted contest.

(b) A bipartisan team, of election judges and/or staff, must hand tally the recounted contest on the test ballots and verify that the hand tally matches the voting system’s tabulation.

(c) The test is limited to the race or measure that is recounted.

10.13 Counting ballots during a recount

10.13.1 In accordance with section 1-10.5-102(3)(b), C.R.S., if there are no discrepancies in the test under Rule 10.12, the recount must be conducted in the same manner as the ballots were counted in the election except as outlined in this Rule. If there are unresolvable discrepancies in the test, the recount must be conducted as a hand count under Rule 10.13.5.

10.13.2 A clear audit trail must be maintained throughout the recount including, but not limited to, a log of seal numbers on transfer cases or ballot boxes, and the corresponding numbered seal for each transfer case or ballot box.

10.13.3 Ballots must be reviewed for voter intent using the standards in Rule 18.

(a) Every overvote, undervote, blank vote, ambiguous mark, and write-in vote in the races or measures subject to the recount must be reviewed in accordance with the Voter Intent Guide.

(b) The judges conducting the voter intent review may resolve the intent differently than the judges in the election.

10.13.4 To recount ballots by hand count.

(a) If the tabulation of the original count was conducted by hand count, the recount must be conducted by hand count.

(b) Ballots must be counted in batches of 25 to ensure that the number of ballots recounted matches the number originally counted.

(c) Votes must be counted by individual hash marks in 25-count sections by two different judges.

10.13.5 Tabulation of ballots must be completed through a precise, controlled process that ensures each container of ballots is retabulated and resealed before tabulation of the next container begins.

10.13.6 The number of ballots counted according to the final results for that race or measure must be available during the recount for comparison purposes.

10.14 Canvass and reporting results for a recount

10.14.1 Totals of recounted ballots must be reported in summary form as follows:

(a) Sum total of votes for each race or measure recounted, under-votes, and over-votes for each location;

(b) The totals must be a combined total, not totaled by individual precincts or location, unless the tabulation system allows.

10.14.2 In accordance with section 1-10.5-107, C.R.S., and this Rule 10, the canvass board must amend, if necessary, and re-submit the abstract of votes cast.

13.1       Election complaint procedures

13.1.1    Any individual who personally witnesses a violation of the Uniform Election Code of 1992 may file an election complaint.

13.1.2    An election complaint must include the approved Secretary of State’s Election Complaint cover sheet.

13.1.3    Processing and docketing election complaints

(a)          Within three business days of receiving a complaint, the Secretary’s designee will review the complaint to determine if it satisfies Rule 13.1.2 and sufficiently alleges a violation of the Uniform Election Code of 1992.

(1)          If the complaint does not meet the requirements of Rule 13.1.3(a), the Secretary’s designee will notify the complainant of the deficiency.

(2)          If a complaint meets the criteria, the Secretary’s designee will assign a complaint number, notify the complainant, and send a copy of the complaint to the person or entity alleged to have committed a violation.

(b)          After notification, the person or entity alleged to have committed the violation will have 15 business days to submit a written response to the Secretary of State’s office.

13.1.4    Amending an election complaint

(a)          A complainant may amend a complaint within seven days after filing if he or she discovers new facts relating to the existing complaint.

(b)          An amendment may not contain allegations of a new violation.

13.1.5    Investigation

(a)          After the response period outlined in Rule 13.1.3, the Secretary’s designee will investigate the complaint.

(b)          If the Secretary of State determines that the complaint requires an immediate investigation, the Secretary’s designee will begin investigating before the response period closes. In making the determination, the Secretary will consider whether the issue has the potential to affect an upcoming election.

(c)           Depending on the violation alleged, the Secretary’s designee may:

(1)          Review documents;

(2)          Visit the county;

(3)          Conduct interviews;

(4)          Test equipment;

(5)          Take other steps necessary; or

(6)          Convene a hearing and take testimony from interested parties.

(d)          During an ongoing investigation, county clerks and staff must accommodate requests by the Secretary’s designee in the timeframe requested by staff.

13.1.6    Resolution of election complaints

(a)          After an investigation and hearing, if applicable, the Secretary’s designee will:

(1)          Dismiss the complaint as not supported by credible evidence;

(2)          Refer the complaint to a prosecuting authority under Article 13 of Title 1,

C.R.S.; or

(3)          Find a violation, recommend a resolution, and forward the recommendation for resolution to the Secretary of State.

13.2       Help America Vote Act (HAVA) complaint procedures

13.2.1    Any person who believes that a violation of Title III of HAVA has occurred, is occurring, or is about to occur, may file a HAVA complaint with the Secretary of State.

13.2.2    A HAVA complaint must include the approved Secretary of State’s HAVA Complaint cover sheet.

13.2.3    A complainant must allege a HAVA violation with particularity and refer to the section of HAVA that has been violated.

13.2.4    A complaint must be filed no later than one year from the date of either the occurrence of the alleged violation or of the election giving rise to the violation, whichever is later.

13.2.5    Each complaint must be in writing and notarized, signed, and sworn by the person filing the complaint.

13.2.6    Processing and docketing HAVA complaints

(a)          Within three business days of receiving a complaint, the Secretary’s designee will review the complaint to determine if it satisfies Rules 13.2.2 through 13.2.5.

(1)          If the complaint does not include a cover sheet the Secretary’s designee will notify the complainant of the discrepancy.

(2)          If a complaint meets the criteria, the Secretary’s designee will assign a complaint number, notify the complainant, and send a copy of the complaint to the person or entity alleged to have committed a violation.

(b)          After notification, the person or entity alleged to have committed the violation will have 15 business days to submit a written response to the Secretary of State’s office.

(c)           The Secretary’s designee may consolidate two or more HAVA complaints.

13.2.7    Amending a HAVA complaint

(a)          A complainant may amend a complaint within seven days after filing if he or she discovers new facts relating to the existing complaint.

(b)          An amendment may not contain allegations of a new violation.

13.2.8    Investigation

(a)          After the response period outlined in Rule 13.2.6, the Secretary’s designee will investigate the complaint.

(b)          If the Secretary of State determines an immediate investigation is required, the Secretary’s designee will begin investigating before the response period has closed. In making the determination, the Secretary will consider whether the issue has the potential to affect an upcoming election.

(c)           Depending on the violation alleged, the Secretary’s designee may:

(1)          Review documents;

(2)          Visit the county;

(3)          Conduct interviews;

(4)          Test equipment; or

(5)          Take other steps necessary.

(d)          While an investigation is ongoing, county clerk staff must accommodate requests by the Secretary’s designee in the timeframe requested.

13.2.9    Hearing and Resolution of HAVA complaints

(a)          The Secretary of State or his or her designee will hold a hearing if the complainant requests one at the time of filing the complaint, unless the complainant later withdraws the request.

(b)          After the investigation and hearing, if any, the Secretary’s designee will:

(1)          Dismiss the complaint as not supported by credible evidence;

(2)          Refer the complaint to a prosecuting authority under Article 13 of Title 1,

C.R.S.; or

(3)          Find a violation, recommend a resolution, and forward the recommendation for resolution to the Secretary of State.

13.2.10 Alternative Dispute Resolution under section 1-1.5-105(2)(j), C.R.S.

(a)          If the Secretary of State does not resolve the complaint within 90 days of the date that it was filed and the complainant does not consent to an extension of time, the Secretary of State will transfer the complaint to the Office of Administrative Courts (OAC).

(b)          The Secretary of State will provide the record and any other materials from the proceedings to the OAC.

(c)           The Secretary of State will consider the initial determination by the OAC and issue a final determination within 60 days of the date the determination is received by the Secretary.

13.2.11 The Secretary of State’s determination is a final agency action.

13.2.12 The Secretary of State may recover the costs of proceeding against any complainant that files  a  frivolous,  groundless,  or  vexatious  complaint.

7.1         Election plans

7.1.1      The county clerk must submit an election plan to the Secretary of State no later than 110 days before every election. The county clerk must submit with the election plan all information required by section 1-7.5-105 (1.3), C.R.S.

7.1.2      To request a waiver from the requirements of section 1-5-102.9 (c)(III)(A), C.R.S., a county clerk must complete and submit the approved waiver form no later than the filing of their election plan.

7.1.3      Approval of election plans and submission of amendments

(a)          If the Secretary of State requests modifications to a plan before approval, the county clerk must submit the modified plan within ten days from the request. The Secretary of State will approve or disapprove the modified plan within 15 days from the date it is received.

(b)          A county clerk may amend a timely submitted election plan by submitting a written statement outlining the amendment. The amendment must state the specific section of the plan amended and the reason for the amendment. The Secretary of State will approve or disapprove the amendment within 15 days from the date it is received. If the amendment is received within 30 days before the election, the Secretary of State will approve or disapprove the amendment within two business days.

7.2         Ballots and ballot packets

7.2.1      In accordance with section 1-7-116(1), C.R.S., for all coordinated elections, the outgoing envelope, instructions, or other notice must include a notice advising electors that they may receive a ballot from another political subdivision conducting a mail ballot election.

7.2.2      If the ballot is returned to the election official as undeliverable, the county clerk is not required to re-mail the ballot packet.

7.2.3      The county clerk must process all new registration applications and updates received by the 22-day deadline to mail applicants a ballot in accordance with section 1-7.5-107(3), C.R.S.

7.2.4      Voiding ballots due to timely changes in address or affiliation.

(a)          If an elector timely changes his or her address or affiliation after the county mails ballots or sends the voter file to the vendor, the county must void the first ballot and generate a second ballot.

(1)          If the county processes the change to the elector’s record after it sends the voter file to the vendor but before the vendor prints ballots, the county must provide the vendor a voided ballot file to prevent the vendor from printing and preparing voided ballots for mailing.

(2)          If the county processes the change to the elector’s record after the vendor has printed ballots but before the vendor mails ballots, the county must work with the vendor to make every reasonable effort to remove voided ballots before they enter the mail stream.

(A)          If the county mails its own ballots, the county clerk must remove all voided ballots before mailing.

(B)          If the county processes the change to the elector’s record after it mails ballots, the county must count the first ballot returned by the elector in accordance with section 1-7.5-107(6), C.R.S., except where an elector changed his or her affiliation, the county must count the ballot issued for the elector’s new party affiliation.

7.2.5      Each mail ballot return envelope and mail ballot instruction must include a statement informing voters that it is a violation of law to receive more than ten ballots for mailing or delivery in any election.

7.2.6      Each mail ballot return envelope may include the following statement: “I am voluntarily giving my ballot to (name and address) for delivery on my behalf.” If the county clerk includes this statement on their return envelopes they must include an explanation in their voter instructions that the voter is not required to fill this statement out to return their ballot. If the voter leaves the fillable portion of the statement blank, the county clerk must accept the ballot for counting if it is otherwise valid.

7.2.7      A county that uses a vendor to mail ballots must print the elector’s full name under or near the self-affirmation signature line on each ballot return envelope.

7.2.8      The county clerk must provide a space on the ballot-return envelope for a witness to the elector’s mark to provide his or her full legal name.

7.2.9      The mail ballot packet required under sections 1-4-101(2)(b) and 1-4-1203(4)(c), C.R.S. must contain only the ballots of each participating major political party unless a major party’s presidential primary election has been cancelled under section 1-4-1203(5), C.R.S.

7.2.10    An unaffiliated voter who wants to receive the mail ballot of a participating minor political party in the mail must declare a mail ballot preference for that party in accordance with section 1-2-204(2)(j.5), C.R.S.

7.2.11    If an unaffiliated voter selects a mail ballot preference for a major or minor political party that is not participating or that prohibits unaffiliated voters from voting in its primary election, the county clerk must send the voter the mail ballot packet described in Rule 7.2.9. The packet must include a notice explaining why the voter is receiving the packet or provide an alternative method for the voter to obtain this information.

7.2.12    A voter affiliated with a Qualified Political Organization is considered an unaffiliated voter for the purposes of this Rule 7.2.

7.2.13    A voter affiliated with a political party that is not participating in the primary election will not receive a mail ballot.

7.2.14    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 7.4.15. The county’s determination under this Rule may not rely solely on a voter’s self-reported selection (for example, a checkbox).

7.2.15    Each mail ballot return envelope and mail ballot instruction for an unaffiliated voter who has not declared a preference in a primary election must include a statement instructing the voter to return only one ballot.

7.2.16    The county clerk must issue a replacement mail ballot packet to an unaffiliated elector in a primary election as follows:

(a)          If the elector has not declared a mail ballot preference, the county clerk must issue a packet containing the ballots of all participating major political parties.

(b)          If the Elector has timely declared a mail ballot preference, the county clerk must issue the elector’s preferred political party’s ballot; or upon the elector’s request, a packet containing the ballots of all participating major political parties.

7.2.17    Print vendors may overlay a 2-D barcode for purposes of mailing and insertion provided that it only contains the precinct number and ballot style name and the information in the barcode is not traceable to any individual voter.

7.3         Emergency ballot transmission

7.3.1      The county clerk may deliver a replacement ballot on election day to an elector’s authorized representative or to the elector by electronic transmission in the case of an emergency replacement ballot under section 1-7.5-115, C.R.S., upon receipt of a completed application by the elector. If the county clerk delivers an emergency replacement ballot to an elector by electronic transmission, the elector may return the ballot by electronic transmission.

7.3.2      Voters who request an emergency ballot be sent to them electronically must be directed by the county clerk to the online ballot delivery system maintained by the Secretary of State to receive their ballot electronically. The Secretary of State will maintain information regarding emergency ballots accessed using the online ballot delivery system.

7.3.3      The county clerk may send an emergency ballot and all materials provided in the online ballot delivery system by other means, including by fax or in-person through an authorized representative who presents a written statement from the voter, if the voter requests that method of delivery.

7.3.4      Upon receipt of the ballot, election judges must verify the signature on the affidavit under Rule 7.7. 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.

7.4         Receipt and processing of ballots

7.4.1      The county clerk must adequately light all drop box locations and use a video security surveillance recording system as defined in Rule 1.1.44 to monitor each location.

(a)          Drop box locations must be monitored when they are open to receive ballots.

(b)          If the drop box location utilizes a drop-slot into a building, the ballots must be collected in a locked container, and both the drop-slot and container must be monitored.

(c)           Signage at each drop box location must inform voters that it is a violation of law for any person to collect more than ten ballots for mailing or delivery in any election, and that electioneering is prohibited within 100 feet of any drop box.

(d)          The minimum number of drop box locations must be open 24 hours a day through 7:00 p.m. on election day.

(e)          Video security surveillance must be retained by the county clerk through 60 days following the deadline to certify the election, or until the conclusion of any election contest, whichever is later; except that if the county clerk knows or reasonably should know that there is a potential violation of law where the surveillance could be used as evidence, it must be retained through the applicable statute of limitations or the conclusion of any judicial proceeding related to the election, whichever is later.

7.4.2      Each day when ballots come in, an election official must count the ballot envelopes, batch them and record the number of ballots received.

7.4.3      A county clerk who receives an application and ballot from a voter with a disability covered under section 1-5-706, C.R.S. must maintain a log of each ballot and application received under this section. The county clerk must retain the log as part of the official election record. The log must include: the name of the voter; the date the ballot packet was received; and the initials of the election judge or employee who received the ballot.

7.4.4      An election official must date-stamp and process the returned ballot envelopes in SCORE immediately upon receipt at the ballot processing location. Except for ballots submitted by military or overseas electors, any ballot received after the close of polls must be date- stamped but not counted.

7.4.5      The county clerk must arrange for the collection of ballots by bipartisan teams, of election judges and/or staff, from each drop box location once it is open and receive the ballots into SCORE:

(a)          If applicable, at least once every 72 hours after non-UOCAVA ballots are mailed until the date that voter service and polling centers must open;

(b)          If applicable, at least once every 24 hours during the days that voter service and polling centers must be open; and

(c)           At least twice on election day, at approximately 1:00 p.m. and 7:00 p.m.

(d)          The county clerk may meet the requirements of this Rule by:

(1)          Collecting and transporting the ballots to the central counting location for receipt into SCORE; or

(2)          Collecting and transporting the ballots to the nearest voter service and polling center for receipt into SCORE.

7.4.6      The county clerk may request a waiver from the Secretary of State for remote drop box locations in the county’s election plan or amended election plan, exempting them from the ballot collection requirements in Rule 7.5.5. If the Secretary of State grants the waiver:

(a)          The county clerk must arrange for the collection of ballots by bipartisan teams of election judges from all exempt drop box locations once they are open as often as necessary, but at least:

(1)          Once each week after the initial mailing of non-UOCAVA ballots until the Friday before election day; and

(2)          On the Friday and Monday before election day and on election day at 7:00 p.m. MT.

(b)          The county clerk must post a notice on each exempt drop box of the dates and approximate times ballots will be collected.

(c)           If the Secretary of State determines that the county failed to collect ballots from a remote drop box location as often as necessary, the Secretary of State may revoke or modify the waiver.

7.4.7      Election officials must record the number of ballot packets returned as undeliverable and receive the ballot packets in SCORE upon receipt.

7.4.8      The designated election official must seal and store ballots and return envelopes in a safe, secure place until the counting of the ballots.

7.4.9      After election judges verify the elector’s eligibility and signature, the county clerk must dissociate and segregate the mail ballot return envelope from the secrecy sleeve, if applicable, and a voted ballot in a manner that ensures no person is able to determine how an individual voted.

7.4.10    If the county clerk discovers a violation of section 1-7.5-107(4)(b), C.R.S., prohibiting any person from receiving more than 10 ballots in addition to his or her own in any election, the county clerk must refer the information to the District Attorney and receive the ballots delivered by that person.

7.4.11    Before tabulating ballots, the county clerk must, to the extent practicable, dissociate counting batches from any SCORE batch number that could trace a ballot back to the specific voter who cast it.

7.4.12    If an elector delivers a ballot to the wrong county, that county must date stamp the ballot envelope and timely forward it to the correct county. Beginning the Monday before election day, the county must notify the correct county of receipt by secure electronic transmission with a scanned image of the outside of the mail ballot envelope including the signature, and forward it to the correct county no later than the next business day. A county that physically delivers ballots to another county no later than the next business day, or immediately transmits them by next-day delivery, is not required to scan the envelope. The correct county must treat the ballot as received as of the date and time of the date stamp. The county receiving the image may perform signature verification upon receipt of the image.

7.4.13    The county clerk must date stamp each ballot envelope as received on or before 7:00 PM on election day and immediately forward it to the correct county. The correct county must treat the ballot as received as of the date and time of the date stamp.

7.4.14    County clerks who deliver or receive ballots from electors who are confined in a county jail or detention facility must log the number of ballots delivered and received from each facility and provide the log to the Secretary of State’s office following the election.

7.4.15    If an election judge is unable to determine, before opening the envelope, which party’s ballot an unaffiliated elector returned as outlined in Rule 7.2.9, the county must separate the elector’s ballot from the envelope in the following manner:

(a)          An election judge must remove the ballot from the mail ballot return envelope and pass it to a bipartisan team of judges without allowing the team of judges to determine the identity of the elector.

(b)          The bipartisan team of election judges must review the ballot and audibly report to the first election judge which political party’s election the elector voted in.

(c)           The first election judge must record in SCORE which political party’s election the elector voted in, or document the proper party information for later recording in SCORE.

7.4.16    If an unaffiliated elector returns more than one ballot in a primary election, a bipartisan team of election judges must review the ballots to determine the elector’s intent in accordance with the Secretary of State’s Voter Intent Guide.

(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 7.4.5(c) and the ballot must be counted. The county must retain any unvoted ballot as an election record.

(b)          If the bipartisan team determines the elector voted in more than one party’s primary election, or returned only blank ballots, the county must reject the ballots, not count them, and retain them in the mail ballot return envelope as an election record.

7.5         Ballot returned in unofficial envelope. If the county timely receives a mail ballot from an eligible elector in an envelope that is missing or lacks the correct self-affirmation, the county must contact the elector by mail and by electronic mail, if available, within three calendar days of receiving the ballot but no later than two calendar days after election day. The county must use the letter and affidavit prescribed by the Secretary of State and keep a copy as part of the official election record. If the county receives the completed affidavit no later than the eighth day after election day, the county must count the ballot. A county that receives a ballot from a voter with a disability covered under section 1-5-706, C.R.S., in an unofficial envelope must accept the ballot for processing if the envelope also contains a signed application from the voter.

7.6         Mail ballot cure procedures

7.6.1      Except as provided in Rule 7.6.4, the county clerk must follow the procedures for discrepant signatures outlined in section 1-7.5-107.3(2)(a), C.R.S., if:

(a)          A mail ballot return envelope lacks a signature;

(b)          A provisional ballot return envelope lacks a signature;

(c)           A ballot from a voter with a disability covered under section 1-5-706, C.R.S., is returned without an application; or

(d)          A ballot from a voter with a disability covered under section 1-5-706, C.R.S., is returned with an application that is not signed and does not include a copy of an acceptable form of identification as defined by section 1-1-104(19.5), C.R.S.

7.6.2      The county clerk must use the letter and form prescribed by the Secretary of State and keep a copy as part of the official election record.

7.6.3      If the county clerk uses any means in addition to mail or electronic mail to contact any elector regarding a missing or discrepant signature or missing ID, he or she must attempt to contact all similarly situated electors whose registration records have the same type of contact information.

7.6.4      If an elector fails to cure a missing signature, the county clerk need not send a copy of the mail ballot return envelope to the district attorney for investigation.

7.6.5      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.

7.7         Signature verification procedures

7.7.1      When reviewing signatures through the use of signature verification judges, a single election judge must conduct the first level of signature verification.

7.7.2      If the elector’s signature appears anywhere on the ballot return envelope, the election judge must verify the signature in accordance with section 1-7.5-107.3, C.R.S.

7.7.3      An election judge conducting signature verification must compare the signature on the self-affirmation on each ballot return envelope with the elector’s signature in SCORE in accordance with the Secretary of State’s Signature Verification Guide.

7.7.4      If an election judge must conduct further research on an elector’s signature, he or she must check SCORE for additional documents signed by the voter, if available.

7.7.5      An election judge may compare additional information written by the voter on the return envelope, such as the voter’s address and date of signing. Any similarities noted when comparing other information may be used as part of the signature verification decision process.

7.7.6      If an election judge determines that a voter inadvertently returned his or her ballot in another household member’s ballot return envelope, the election judge must process and prepare the ballot of the elector who signed the self-affirmation for counting if it is otherwise valid. The election judge need not send a signature discrepancy letter to the voter.

7.7.7      If, after bipartisan review, the election judges determine that a signature is discrepant, the judges must document the discrepancy and the research steps taken in a log that:

(a)          Identifies the elector only by name and voter identification number.

(b)          Does not contain the elector’s signature.

(c)           Notes the final resolution and ballot disposition.

(d)          Identifies the election judges responsible for final resolution and ballot disposition.

7.7.8      The county clerk must periodically audit signature verification judges. If a judge or team of judges has an unexplained, irregular acceptance or rejection rate, the county clerk must retrain or remove that judge or team of judges from conducting signature verification.

7.7.9      The election official must use the letter and the signature verification form approved by the Secretary of State.

7.7.10    If the county uses a ballot sorting and signature capture device, the county clerk must test the device before using it in an election to ensure that it properly sorts envelopes, and accurately and clearly captures the signature on the envelope for comparison to the correct voter record.

7.7.11    Use of automated Signature Verification Devices under section 1-7.5-107.3(5)(b), C.R.S.

(a)          The county clerk must test Signature Verification Devices at the beginning of an election by following the procedures in this rule.

(1)          The testing must verify the accuracy of the device and ensure that the device will not accept a signature that a reasonably trained election judge would reject.

(2)          The county must pull and test at least the first 150 ballot envelopes received in the election and conduct an audit of the machine-verified signatures.

(A)          A team of bipartisan election officials must manually review the signatures identified on the Automated Signature Recognition report following the procedures in section 1-7.5-107.3, C.R.S., and this Rule.

(B)          If both election judges agree that a signature accepted by the device would not have been accepted if reviewed by election judges, the county must immediately cease use of automated signature verification and notify the Secretary of State. The county clerk must not resume use until the Secretary of State and the county have worked in coordination to identify the issue and implement a solution.

(C)          The election judges conducting the audit must sign and date the Automated Signature Recognition Report and the report must be maintained with all other election records under section 1-7-802, C.R.S.

(b)          The county must conduct a regular audit of each Signature Verification Device during its use.

(1)          The county must pull a random sampling of at least five in every one- hundred machine-verified signatures daily.

(2)          A team of bipartisan election judges must manually review the signatures identified on the Automated Signature Recognition report following the procedures in section 1-7.5-107.3, C.R.S., and this Rule.

(3)          The election judges conducting the audit must sign and date the Automated Signature Recognition Report and the report must be maintained with all other election records under section 1-7-802, C.R.S.

(4)          If both election judges agree that a signature accepted by the device would not have been accepted if reviewed by election judges, the county must immediately cease use of automated signature verification and notify the Secretary of State. The Secretary of State and the county must work in coordination to identify the issue and implement a solution.

(5)          No later than 90 days after election day, the county clerk must provide to the Secretary of State a report of the ballots audited under this rule on the form approved by the Secretary of State.

(c)           The county must operate the device on a secure network.

(1)          The county may connect the device to the county network only for maintenance and support.

(2)          The device must be secured by the county firewall.

(3)          The county must maintain a maintenance and support log that includes the name of the person providing maintenance or support, the date and time the device was accessed, and the specific reason for access.

7.7.12    If a county uses a signature capture device to compare a ballot envelope signature to a signature maintained in SCORE, the system may display only one voter’s signature at a time.

7.7.13    Following the election, the county clerk must report to the Secretary of State in writing the number of ballot return envelopes with discrepant signatures that the clerk forwarded to the district attorney for investigation.

4.1         Participation in coordinated elections

4.1.1      For elections where the electors do not need to be registered electors, political subdivisions may conduct their own elections and must coordinate with the coordinated election official any ballot issue notice required by Article X, Section 20 of the Colorado Constitution.

4.1.2      A coordinating political subdivision must enter into an intergovernmental agreement with the county clerk that delineates which tasks are the responsibility of the designated election official of the political subdivision and which are the responsibility of the county clerk.

4.1.3      The county clerk must include all coordinating districts in the SCORE districts and precincts module and election setup module before conducting a coordinated election. If the county clerk is unable to include one or more districts in SCORE, the clerk must list the districts and explain the issue in the election plan required under Rule 7.1.1.

4.2         Procedures for coordinated elections involving jurisdictions shared by multiple counties.

4.2.1      For each jurisdiction that is shared by multiple counties, a controlling county must be designated for the purpose of assigning and coordinating the ballot letter/number for the shared races, issues, and questions in coordinated elections.

4.2.2      The controlling county is the county where the administrative office of the political subdivision is maintained at the time that the controlling county is designated.

(a)          If the administrative office is not maintained within the boundaries of the political subdivision, the controlling county must be the county where the largest number of active registered electors within the jurisdiction reside at the time that the controlling county is designated.

(b)          Once designated, the controlling county will not change unless approved by the Secretary of State upon request of any of the affected counties.

4.2.3        The controlling county must coordinate with each county that shares the jurisdiction to assign the ballot number/letter in accordance with Rule 4.5 no later than the date of ballot certification. All counties within the shared jurisdiction must ensure that the shared races, issues, and questions are printed on the ballot as certified by the Secretary of State or designated election official, and in the order assigned by the controlling county.

4.2.4      If any controlling county fails to fulfill its responsibilities in accordance with this Rule, any of the other counties in the shared jurisdiction may make a written request to the Secretary of State to temporarily assume the duties of the controlling county. The Secretary of State may act on behalf of the controlling county or to temporarily designate another county to act as the controlling county to implement this Rule.

4.3         November coordinated elections

4.3.1      The county clerk is the coordinated election official for coordinated elections held in November of each year and is responsible for coordinating the Article X, Section 20 Ballot Issue notice mailing.

4.3.2      Placing measures on the ballot for coordinated odd-year elections

(a)          For a statewide ballot measure, the Secretary of State must determine whether a proposed initiative is eligible to appear on an odd-year election ballot and whether it concerns state matters arising under Section 20 of Article X of the State Constitution.

(b)          For all other ballot measures, the political subdivision certifying the ballot content to the coordinated election official must determine whether the proposed initiative or referred measure is a local government matter arising under Section 20 of Article X of the State Constitution.

4.3.3      In any odd-year November coordinated election in which there is a statewide issue on the ballot, the canvass board members that will canvass the statewide issue must be appointed in accordance with section 1-10-101, C.R.S.

4.4         Form of coordinated elections held other than in November

4.4.1      For all other elections where political subdivisions hold an election on the same day, the electors or boundaries overlap and ballot issues as defined in section 1-1-104 (2.3), C.R.S., appear on the ballot of overlapping jurisdictions, the governing bodies or the designated election officials of the overlapping jurisdictions must identify the election official responsible for assuring that the Article X, Section 20 notice is given.

4.4.2      The political subdivisions may contract with the appropriate county clerk to be the coordinated election official.

4.5         Determination of ballot issues and texts.

4.5.1      Each political subdivision must prepare the list of candidates and the ballot title and text for ballot issues and ballot questions, as required by law.

(a)          The coordinated election official must print the ballot title on each ballot as required by law.

(b)          Political subdivisions may only require the coordinated election official to print the entire text of a ballot issue or ballot question on the ballot if the political subdivision pays for any additional cost associated with printing and if sufficient space is on the voting equipment to print the entire text given the other issues, questions, and candidates on the ballot. The coordinated election official must tell the political subdivision how much space is available for text for each position on the ballot. If the required ballot title and text is too long for the voting equipment, the coordinated election official may choose to conduct the election with a different form of ballot.

(c)           For counties where ballot election material must be printed in languages other than English, the political subdivisions are responsible for assuring proper translation of all election materials related to that political subdivision and must pay their pro-rata share of increased printing costs unless otherwise provided by the intergovernmental agreement.

(d)          For counties where election material is not required to be printed in languages other than English, the political subdivisions are not required to provide translation of all election materials nor pay a pro-rata share of the printing costs unless they so agree.

4.5.2      Each political subdivision must determine the order of the ballot issues for their political subdivision in accordance with the requirements of Colorado Constitution Article X, Section 20 and Title 1.

(a)          Referred measures must be designated by a letter or by a number and a letter; initiatives must be designated by a number.

(b)          For each grouping of ballot issues and ballot questions by a political subdivision, all referred measures must precede all initiatives.

(c)           For each grouping of ballot issues and ballot questions, the order is as follows:

(1)          Referred measures to increase taxes;

(2)          Referred measures to retain excess revenues;

(3)          Referred measures to increase debt;

(4)          Other referred measures;

(5)          Initiatives to increase taxes;

(6)          Initiatives to retain excess revenues;

(7)          Initiatives to increase debt;

(8)          Other citizen petitions.

(d)          In accordance with section 1-5-407(5)(b), C.R.S., whether initiated or referred, every proposed change to the Colorado Constitution must be called an “amendment” and every proposed change to the Colorado Revised Statutes must be called a “proposition”

(e)          Ballot issues from the various political subdivisions must be ordered on the ballot as provided in section 1-5-407(5), C.R.S:

(1)          Each category of referred and initiated state amendments and propositions must be numbered and listed on the ballot in the following series:

A-Z         State Referred Constitutional Amendments

01-99     State Initiated Constitutional Amendments

AA-ZZ     State Referred Statutory Propositions

101-199               State Initiated Statutory Propositions

If a referred or initiated measure contains both a proposed constitutional and statutory change, the measure must be ordered on the ballot as a constitutional amendment.

(2)          Each category of initiated local ballot issues and questions must be numbered in the following series:

200-299               County Issues

300-399               Municipal Issues

400-499               School District Issues

500-599               Ballot Issues and Questions for other political subdivisions greater than a county

600-699               Ballot Issues and Questions for other political subdivisions which are wholly within a county

(3)          Each category of local referred ballot issues and questions must be designated by a letter or a number and a letter in the following series:

1A-1Z     County measures

2A-2Z     Municipal measures wholly within a county

3A-3Z     Municipal measures greater than a county

4A-4Z     School District measures wholly within a county

5A-5Z     School District measures greater than a county

6A-6Z     Ballot measures for other political subdivisions wholly within a county

7A-7Z     Ballot measures for other political subdivisions which are greater than a county

(4)          Ballot questions and issues are numbered or lettered in the order in which the measures are certified to the ballot by the designated election official after the protest period has ended, or if a protest was filed after the protest has been completed.

(5)          For other than state issues, if a county has multiple cities or multiple discrete school districts and other political subdivisions, the designated election official may either further subdivide the series and assign each political subdivision a specific series of numbers, or when the ballot is certified the designated election official may assign the final numbers or letters, making sure that all measures for each political subdivision are grouped together.

(6)          For other than state issues and questions, if the same ballot issue or question will be on the ballot in more than one county, the county clerks must confer with one another and must give the same ballot number or letter to the ballot issue or questions.

(7)          Each ballot question or issue must contain the name of the political subdivision at the beginning of the ballot questions or issue. If the designated election official chooses, the name of the political subdivision may appear before the grouping of questions, such as State Ballot Questions, Arapahoe County Ballot Questions, City of Aurora Ballot Questions, etc.

(f)           The Secretary of State will place any measures referred by the legislature on the ballot in the order they are received. The Secretary of State will place any measures referred by the people under Article V, Section 1 of the Colorado Constitution on the ballot in the order they are certified to the ballot.

4.6         Candidate audio recordings

4.6.1      A candidate for statewide office, the general assembly, congressional office, regent, or district attorney must provide an audio recording of his or her name to the Secretary of State. The candidate must record his or her name exactly as it appears on the candidate acceptance form, statement of intent, or declaration of intent to run for retention in a judicial office, as applicable, and the candidate must provide the recording to the secretary of state no later than the deadline to file the candidate acceptance form, statement of intent, or declaration of intent to run for retention in a judicial office, as applicable.

4.6.2      A candidate for a county, municipal, school district, or special district office in an election coordinated by the county clerk must provide an audio recording of his or her name to the county clerk. The candidate must record his or her name exactly as it appears on the statement of intent, and must provide the recording to the county clerk no later than the deadline to file the statement of intent.

4.7         Congressional term limits declaration

4.7.1      The Secretary of State must make the Congressional Term Limits Declaration available to every candidate for United States House of Representatives or the United States Senate, provided in Article XVIII, Section 12a of the Colorado Constitution. The Secretary of State will offer the Congressional Term Limits Declaration to these candidates when the candidate submits a candidate acceptance form with the Secretary of State. Any failure of the Secretary of State to offer the Congressional Term Limits Declaration to a candidate will have no effect on the candidate’s candidacy.

4.7.2      The Secretary of State must accept Part A of the Term Limits Declaration if Part B of the Term Limits Declaration was not duly executed and submitted. (Article XVIII, Section 12a(7) of the Colorado Constitution)

4.7.3      In the case of a candidate who has qualified as a candidate for a term that would exceed the number of terms set forth in Term Limits Declaration One, the Secretary of State may not place the words, "Signed declaration to limit service to [3 terms] [2 terms]" after the candidate’s name, even if the candidate has executed and submitted Parts A and B of Term Limits Declaration One.

4.8         Ballot format and printing

4.8.1      The county clerk must print the candidate names and the text of ballot issues and ballot questions in upper and lower case, except that the clerk must print the text of ballot issues subject to Article X, Section 20 of the Colorado Constitution in all uppercase text.

4.8.2      If there is no candidate for an office, the ballot must state, "There are no candidates for this office."

4.8.3      If there is a qualified write-in candidate on the ballot, the clerk must include “Write-in” before or directly below the space for writing in a candidate.

4.8.4      Printing primary election ballots

(a)          If a major political party, as defined in section 1-1-104(22.5), C.R.S., nominates more than one candidate for any office, the county clerk must conduct the primary election for all major political parties unless the party chooses to nominate candidates in accordance with section 1-4-702, C.R.S.

(1)          The county clerk must include on the ballot all offices to which candidates may be nominated in the primary election.

(2)          If there are no candidates for any particular office, the county clerk must print on the ballot “There are no candidates for this office”. [Sections 1-4- 101 and 1-4-104.5, C.R.S.; Election Rule 10.1.1]

(b)          If a minor political party, as defined in section 1-1-104(23), C.R.S., nominates more than one candidate for any office, the county clerk may conduct the primary election for that party only.

(1)          The county clerk must include on the ballot only the offices for which there is more than one candidate designated.

(2)          If there is only one minor party candidate designated for any office, the candidate will be certified to the general election ballot.

(c)           This rule does not apply to presidential primary elections conducted under sections 1-4-1201, C.R.S. et seq.

4.8.5      Use of unique numbers on ballots

(a)          Except for ballots sent to military or overseas electors by electronic transmission under Rule 16.2, a county may not 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.

(1)          A county that uses rotating numbers must print at least ten ballots of each ballot style for each number.

(2)          Nothing in this Rule prohibits a county from printing a unique number or barcode on a removable stub.

(b)          After an election official dissociates a voted ballot from its envelope and removes the stub, if any, 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.

(c)           The county must redact unique numbers or any other information that could identify an individual voter 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.).

4.8.6      If the designated election official discovers a ballot layout, printing, or programming error, he or she must immediately report the issue to the Secretary of State’s office and work in conjunction to correct the error.

4.8.7      The county clerk must use the Secretary of State approved naming convention for naming ballot styles in the county’s Election Management System, SCORE, and .pdfs. The county clerk must use the approved naming convention for contest names in the election night reporting system.

4.9         Colorado Constitution Article X, Section 20 notice requirements

4.9.1      The state and local governments, excluding enterprises, have sole responsibility for drafting and distributing notices required by Article X, Section 20. These responsibilities may be delegated to the coordinated election official in the intergovernmental agreement.

4.9.2      Mailing ballot issue notices

(a)          Nothing precludes the coordinated or designated election official from sending notice of various elections to persons who are not eligible electors if the notice sent is part of the coordinated notice and if the sending arises from the official’s efforts to mail the notice at "least cost".

(b)          Nothing precludes the coordinated or designated election official from sending notice to each household in the county or political subdivision whether or not registered electors reside at that household as long as notice is sent which ensures that all active registered electors are included on the mailing list.

(c)           Nothing precludes the coordinated or designated election official from sending notice to each registered elector in a particular political subdivision.

(d)          The coordinated or designated election official may include the following statement with the ballot issue notice: "This notice is mailed to each address with one or more active, registered electors. You may not be eligible to vote on all issues presented in this notice."

4.9.3      If state statute allows the ballot issue notice and the ballot to be mailed at the same time, the ballot for the mail ballot election may be included with the notice.

4.9.4      The political subdivisions must provide all completed Article X, Section 20 notices in camera ready format or as otherwise specified.

4.9.5      The coordinated election official is not responsible for failure to meet the Article X, Section 20 constraints if the political subdivision fails to submit the notice and summaries within the deadline and in the form required by the coordinated election official.

(a)          Comment summaries for and against ballot issues must not include language of a generally recognized profane, indecent, immoral, offensive, scandalous, or libelous character. No names of persons or private groups may be included in any summary.

(b)          For counting and verification purposes of the 500-word constitutional limit for each "pro" and each "con" summary, a hyphenated word, unless it is a continuation hyphen, counts as two or more words. A number counts as one word, regardless of dollar signs, commas, or periods within the number.

4.9.6      No person may withdraw written ballot issue comments submitted to the designated election official after the last Friday immediately preceding the forty-fifth day before the election.

1.1         As used in these Rules, unless stated otherwise:

1.1.1      “Audio ballot” means a voter interface containing the list of all candidates, ballot issues, and ballot questions upon which an eligible elector is entitled to vote in an election. It also provides the voter with audio stimuli and allows the voter to communicate voting intent to the voting system through vocalization or physical actions.

1.1.2      “Audit log” means a record generated by a voting system, in printed or electronic format, providing a record of activities and events relevant to initializing election management software and hardware, including the identification of files containing election parameters, initializing the tabulation process, processing voted ballots, and terminating the tabulation process.

1.1.3      “Ballot image” means a digitally captured image of a paper ballot or a representation in electronic form of the marks or vote positions of a cast ballot on a DRE.

1.1.4      “Ballot marking device” (BMD) means a device that may integrate components such as a ballot scanner, printer, touch-screen monitor, audio output, and a navigational keypad and uses electronic technology to:

(a)          Mark a paper ballot at voter direction;

(b)          Interpret the ballot selections;

(c)           Communicate the interpretation for voter verification; and

(d)          Print a voter-verifiable ballot.

1.1.5      “Ballot measure” means a ballot issue or ballot question as defined in sections 1-1- 104(2.3) and (2.7), C.R.S.

1.1.6      “Blank ballot” means a ballot on which the voter has made no marks in any voting position, has marked with an unreadable marker, or has consistently marked outside of the “read” area of the ballot scanner.

1.1.7      “Ballot scanner” means an optical or digital ballot scanner.

1.1.8      “Ballot style” means a specific ballot layout or content for an election. The ballot style is the presentation of the unique combination of contests and candidates for which the voter is eligible to vote. It includes the order of contests and candidates, the list of ballot positions for each contest, and the binding of candidate names to ballot positions within the presentation. Multiple precincts may use a single ballot style. Multiple styles may appear in a single precinct where voters are split between two or more districts or other categories defining voter eligibility for particular contests and candidates.

1.1.9      “Ballots cast” means the total number of ballots received by the county clerk in an election. “Ballots cast” does not include mail ballot envelopes returned to the county clerk by the U.S. Postal Service as undeliverable.

1.1.10    “Canvass workers” means workers appointed or hired by the designated election official to assist in the preparation and conduct of the canvass.

1.1.11    “Cast vote record” or “CVR” means the aggregated ballot-level data on ballots counted, consisting of a single record for each ballot tabulated, showing the manner in which the voting system interpreted and tabulated the voter’s markings on the ballot, as adjudicated and resolved by election judges, if applicable.

1.1.12    “Central count” means the county’s principal ballot counting and processing location.

1.1.13    “Chain-of-custody log” means a written record documenting security, possession, and control of a voting system component, election record, or other election material.

1.1.14    “Closed network” means a network configuration in which voting system components connect to and communicate only with each other and not with the Internet or any other computer network.

1.1.15    “Damaged ballot” means a ballot that is torn, bent, or otherwise mutilated or rendered unreadable, so that it cannot be processed by the ballot scanner. Damaged ballots include:

(a)          All ballots that contain a foreign substance that could interfere with the ballot scanner (e.g. food, drink, etc.).

(b)          Ballots that are marked in a medium or manner that cannot be detected by a ballot scanner.

1.1.16    “Data entry county” means a county using an election management system that exports a file to be uploaded to the Election Night Reporting system.

1.1.17    “De minimis change” means a change to voting system hardware that is so minor in nature and effect that it requires no additional testing by a VSTL.

1.1.18    “Designated election official” or “DEO” includes the designated election official’s sworn, deputized designee.

1.1.19    “Duplicated ballot” means a ballot for which a true copy must be made for the ballot to be properly processed and counted because of damage, improper marking, or any issue that would prevent a ballot tabulating machine from accurately counting the ballot.

1.1.20    “Election complaint” means a complaint filed with the Secretary of State under Articles 1 through 13 of Title 1, C.R.S.

1.1.21    “Election management system” means the hardware and software applications used to configure, program, and report election results from one or more voting system components, including the ballot definition and the election reporting subsystem. The election management system may provide utilities for other election administration tasks, including maintaining equipment inventories, estimating ballot printing needs, and maintaining information on voter service and polling centers.

1.1.22    “Election media” means any device including a cartridge, card, memory device, or hard drive used in a voting system for the purposes of storing election setup records (ballot or card styles), recording voting results from electronic vote tabulating equipment, or any other data storage required by the voting system for a particular election function. The election management system typically downloads ballot style information to the election media and uploads results and ballot images from the election media.

1.1.23    “Election setup records” means the electronic records, often in the form of a database or a set of databases, generated by election management software to create and define ballots, tabulation instruction, and other functions related to the election.

1.1.24    “Election management software” means the software for election equipment or computers that controls election setup vote recording, vote tabulation, and reporting.

1.1.25    “Electronic ballot” means a non-paper ballot such as on a touch screen or through audio feedback. After a voter casts an electronic ballot, the voter’s choices must be marked and printed on a paper ballot for subsequent counting by a ballot scanner.

1.1.26    “Electronic Transmission” means:

(a)          Sending an unvoted ballot by fax, email, or online delivery to:

(1)          A military or overseas elector under Article 8.3 of Title 1, C.R.S.

(2)          An elector requesting a replacement for an emergency under section 1- 7.5-115, C.R.S.

(3)          An elector with a disability who requests a ballot under section 1-5-706, C.R.S.

(b)          Returning a voted ballot by fax, email, or other electronic means.

1.1.27    “Firmware” means computer programs stored on read-only memory devices or other electronic circuitry in voting devices that control the basic operation and function of those devices.

1.1.28    “Help America Vote Act complaint” or “HAVA complaint” means a complaint filed with the Secretary of State under Title III of the Help America Vote Act (HAVA) and Article 1.5 of Title 1, C.R.S.

1.1.29    “Immediate voting area” means the area that is within six feet of the voting equipment, voting booths, and the ballot box.

1.1.30    “Manual entry county” means a county that does not use an election management system to export data to the Election Night Results system.

1.1.31    “Official Observer” means either an observer appointed by the Secretary of State or an observer appointed by the federal government and approved by the Secretary of State. Official Observers may be present in all phases of the election process and perform duties as may be assigned by the Secretary of State, but are subject to Rules and regulations as prescribed by the Secretary of State.

1.1.32    “Overvote” means an instance where the elector marked votes for more than the maximum number of candidates or responses for a ballot measure.

1.1.33    “Personally identifiable information” means information about an individual that can be used to distinguish or trace an individual’s identity, such as an elector’s social security number, driver’s license number, email address, month and day of birth, and signature.

1.1.34    “Qualified political organization” means an organization that has placed a candidate for congressional or state office on the ballot in a congressional vacancy or general election,

whose officers have filed proof of organization with the Secretary of State, and that continues to meet the requirements of Rules 3.3 and 3.4.

1.1.35    “Related to the second degree” means spouse, civil union partner, parents, children, brothers and sisters, grandparents, and grandchildren.

1.1.36    “Removable card or cartridge” means a programming card or cartridge, except a voter activation card, that stores firmware, software, or data.

1.1.37    “SCORE” means the centralized statewide registration system and the computerized statewide voter registration list described in Part 3 of Article 2 of Title 1.

1.1.38    “Seal” means a serial-numbered tamper-evident device that, if broken or missing, indicates that the chain-of-custody is broken and a device is not secure.

1.1.39    “Split precinct” means a precinct that has a geographical divide between one or more political jurisdictions which results in each jurisdiction within the precinct to be assigned different ballot styles for a specific election.

1.1.40    “Statement of Ballots Form” means the form used at the polling location that accounts for all ballots at that location and includes all information required by Rule 10.

1.1.41    “Target area” means the square or oval corresponding to the candidate’s name or ballot response (examples: “Yes”, “No”, “For” or “Against”) on a paper ballot.

1.1.42    “Trusted build” means the write-once installation disk or disks for software and firmware for which the Secretary of State has established the chain-of-custody to the building of the disks, which is then used to establish or re-establish the chain-of-custody of any component of a voting system that contains firmware or software. The trusted build is the origin of the chain-of-custody for any software and firmware component of the voting system.

1.1.43    “Undervote” means an instance where the voter marked votes for fewer than the maximum number of candidates or responses for a ballot measure.

1.1.44    “Video security surveillance recording” means video monitoring by a device that continuously records a designated location or a system using motion detection that records one frame, or more, per minute until detection of motion triggers continuous recording.

1.1.45    “Voting system” as defined in section 1-1-104(50.8), C.R.S., means:

(a)          The total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used to:

(1)          Define ballots;

(2)          Cast and count votes;

(3)          Report or display election results; and

(4)          Maintain and produce any audit trail information.

(b)          The practices and associated documentation used to:

(1)          Identify system components and versions of such components;

(2)          Test the system during its development and maintenance;

(3)          Maintain records of system errors and defects;

(4)          Determine specific system changes to be made to a system after the initial qualification of the system; and

(5)          Make available any materials to the voter (such as notices, instructions, forms, or paper ballots).

(c)           “Voting system” does not include any other component of election administration, such as voter registration applications or systems, electronic pollbooks, ballot delivery and retrieval systems, signature verification and envelope sorting devices, ballot on demand printers, election night reporting and other election reporting systems, and other components used throughout the election process that do not capture and tabulate votes.

1.1.46    “Voting system test laboratory” (VSTL) means a federally accredited entity that conducts certification testing for voting systems.

1.1.47    “Watcher” has the same meaning as in section 1-1-104(51), C.R.S.

(a)          Watchers may be appointed for a recall election by each qualified successor candidate, the proponents and opponents of the recall ballot question, and each participating political party for a partisan recall election.

(b)          For the purpose of appointing a watcher, the proponent or opponent of a ballot measure means a registered issue committee supporting or opposing the ballot measure.

(c)           A designated watcher need not be a resident of the county he or she is designated in as long as he or she is an eligible elector in the State of Colorado.

1.1.48    “Write-in vote” means a vote where the voter physically writes in the name of a qualified write-in candidate in the space reserved on the ballot for write-in votes and properly marks the target area according to voter instructions.

1.1.49    “Zero tape” means a printout of the internal data registers in electronic vote-tabulating equipment indicating a zero value before any ballots are tabulated.

17.1       Provisional voting in the voter service and polling center

17.1.1    The county clerk must use the approved provisional ballot affidavit form.

17.1.2    Issuance of mail ballots instead of provisional ballots

(a)          If a voter service and polling center loses connectivity to SCORE an election judge must attempt to verify the elector’s eligibility.

1)            Eligibility may be determined by reviewing or receiving information produced from the statewide voter registration system either in real-time or within the preceding 24 hours; except if the time for voting is extended beyond 7 p.m. on election day by a court order, in which case eligibility may be determined by reviewing or receiving information produced from the statewide voter registration system either in real-time or no earlier than the day prior.

(2)          If the elector’s eligibility can be determined, the judge must issue the elector a mail ballot or replacement mail ballot. If an elector’s eligibility cannot be determined, the election judge must issue the voter a provisional ballot.

(b)          Beginning the Friday before election day, a county clerk must keep a paper or electronic backup of the county’s voter registration list produced from the preceding day for the purpose of determining eligibility under this rule.

17.1.3    The word “provisional” must be marked on the provisional ballot and on the signature card, if applicable, next to the elector’s name.

17.1.4    A county clerk must have the ability to issue provisional ballots and envelopes totaling 10% of voters who appeared in person in the last election of the same type.

17.2       Verification of Provisional Ballots

17.2.1    The county clerk must process and tabulate all mail and in-person ballots before processing provisional ballots.

17.2.2    The county must process all mail ballots and signature cards in SCORE before processing provisional ballots.

7.2.3      Verification of an elector’s eligibility to have his or her provisional ballot counted is limited to the following sources:

(a)          Sources provided by the Secretary of State or law enforcement agencies regarding felons who are serving a sentence of detention or confinement or on parole;

(b)          SCORE; and

(c)           The information provided on the provisional ballot envelope, including the affidavit.

17.2.4    When verifying provisional ballots, the designated election official must check SCORE to determine whether the elector has already voted in the election.

17.2.5    If during verification it appears that the elector’s record was cancelled or consolidated as a duplicate in error, the ballot must be counted so long as the elector has not cast a ballot in the election, the affidavit is complete, and the elector is otherwise eligible. The county clerk must reinstate or unconsolidate the elector’s record and update the elector’s record before marking the elector’s provisional ballot as accepted or rejected in SCORE and before linking it to the elector’s record.

17.2.6    When the county clerk receives both a mail ballot and a provisional ballot from an elector, but there is a discrepancy between the signature on the returned mail ballot envelope and the elector’s signature stored in SCORE, the discrepancy must be resolved. Before the county clerk may verify the provisional ballot affidavit, the elector must affirm that the signature on the mail ballot envelope is not his or her signature. Sections 1-8.5-105(4) and (5), C.R.S.

17.2.7    If an elector whose voter registration record is tagged ID required casts a provisional ballot without providing valid identification, the county clerk must verify and count the provisional ballot as follows:

(a)          The county clerk must send the elector a letter within three days after the ballot is cast, and no later than two days after election day, explaining that he or she must provide the required identification. Nothing in this Rule prohibits the county clerk from calling the elector; however, a phone call does not substitute for notification to the elector in writing. If the county clerk calls any elector he or she must call all electors who failed to provide required identification.

(b)          If the elector provides a copy of valid identification within eight days after election day, the county clerk must count the ballot so long as the elector has not cast another ballot in the election, the affidavit is complete, and the elector is otherwise eligible.

17.2.8    If the information contained in the provisional ballot affidavit provides adequate criteria so that the county clerk is able to confirm that the elector is eligible to cast a ballot, the provisional ballot must count.

17.2.9    Acceptance Codes (The county clerk must count all races.) 
AOK  Reviewed and confirmed voter’s eligibility.

ADB Election official issued the elector the wrong ballot style. The voted ballot will be duplicated and only races and issues for which the elector is qualified to vote may be counted.

ALC Elector voted a provisional ballot because the voter service and polling center lost connectivity and the voter’s eligibility could not be otherwise determined. Elector’s eligibility is confirmed.

17.2.10 Rejection Codes (The county clerk must not count a ballot given a rejection code): 
RNS (Rejection not signed) Provisional Ballot Affidavit not signed.

RIN (Rejection incomplete information provided) Required information is incomplete and the designated election official is unable to confirm voter’s eligibility.

REE (Rejection envelope empty) Provisional ballot envelope is empty.

RAB (Rejection voter voted mail ballot) Designated election official has confirmed that voter voted a mail ballot.

RED (Rejection based upon ballot cast in person) Voter voted in a Voter Service Center or Polling Center.

RIP (Rejection based on incorrect party) Incorrect Party in Primary Election.

RFE (Rejection not eligible to vote due to felony incarceration) Individual was convicted of a felony and is serving a sentence of confinement or detention.

RWC (Rejection elector not a resident of the district, county, or the State of Colorado) The individual does not reside within the district, county, or state, as applicable, and is not eligible to vote in the county where the provisional ballot was voted.

RID (Rejection first time voter has not supplied identification upon registration or thereafter prior to and during time voter voted) First Time Voter is tagged ID deficient, and did not provide ID at the time of voting.

7.3         The provisional ballot log required by section 1-8.5-110(4), C.R.S., may be prepared by the county clerk in handwritten or computer-generated form.

17.4       Recount procedures for provisional ballots are the same as the recount procedures for other ballots as directed by the Secretary of State.

17.5       Processing provisional ballot affidavits in the SCORE. Before closing an election, the county clerk must:

17.5.1    Enter all provisional ballot affidavits into the SCORE provisional module.

17.5.2    Process all voter registration updates.

17.5.3    Link all provisional ballot affidavits to the appropriate elector’s record.

17.6       Public access to provisional ballot information

17.6.1    The list of voters who cast a provisional ballot and the accept/reject code for the ballot is available for public inspection.

17.6.2    In accordance with section 24-72-204(8), C.R.S., the county clerk must not release an original or copy of the elector’s:

(a)          Month and day of date of birth;

(b)          Driver’s license or Department of Revenue identification number;

(c)           Social security number;

(d)          Email address; or

(e)          Signature.

17.6.3    If a voter has requested confidentiality under section 24-72-204(3.5), C.R.S., the county clerk must not release the elector’s address or telephone number.

17.6.4    If a voter has requested confidentiality under section 24-30-2101, C.R.S., the county clerk must not release the provisional ballot affidavit.

17.7       Voter Access to Provisional Ballot Information

17.7.1    The Secretary of State will provide a provisional ballot lookup on the Secretary’s website during the 45 days following election day.

17.7.2    The county clerk must number the provisional ballot envelope or affidavit stock using the standard numbering convention approved by the Secretary of State.

[Section 1-8.5-111, C.R.S.]

16.1       General Rules concerning voting by military and overseas electors

16.1.1    For the purposes of this Rule 16, elector means a covered voter as defined in section 1- 8.3-102(2), C.R.S.

16.1.2    In accordance with the Help America Vote Act of 2002 and this Rule 16, each county clerk’s office must have a dedicated fax machine for the purpose of fax ballot transmission.

6.1.3      The county clerk must mail or electronically transmit a ballot to all active eligible electors. An elector who requests covered-voter status must submit an application affirming his or her eligibility to do so in accordance with section 1-8.3-102(2), C.R.S.

16.1.4    If an unregistered elector submits a Federal Write-in Absentee Ballot (FWAB) by the deadline set forth in sections 1-8.3-111 and 1-8.3-113, C.R.S., the FWAB is a timely application for registration and ballot request.

16.1.5    Ballots received by the Secretary of State

(a)          If the Secretary of State timely receives a ballot under section 1-8.3-113, C.R.S., and Rule 16, the Secretary of State will immediately notify the appropriate county clerk and forward the ballot by the most efficient means available no later than the next business day.

(b)          To ensure voter secrecy, any county notified that the Secretary of State has received a ballot must retain a minimum of ten voted ballots to be counted with the ballot received by the State.

6.1.6      The county clerk must send a minimum of one correspondence no later than 60 days before the first primary election in an even numbered year to each elector whose record is marked “Inactive.” The correspondence may be sent by email or mail and, at a minimum, must notify the electors of:

(a)          The status of the elector’s record and ballot request;

b)            The upcoming federal elections;

(c)           How to update the elector’s mailing information and request a ballot; and

d)            Any other information the county clerk deems appropriate.

16.1.7    No later than 45 days before an election, the county clerk must report to the Secretary of State the number of ballots transmitted to military and overseas electors by the 45-day deadline.

16.1.8    Failure to meet the 45-day ballot transmission deadline in section 1-8.3-110, C.R.S.

(a)          If a county fails to meet the 45-day ballot transmission deadline provided for any state or federal election, the county clerk must immediately report the failure and reason for the failure to the Secretary of State.

(b)          The county clerk must provide a plan to the Secretary of State for complying with the deadline in the next state or federal election.

(1)          The county must submit the plan to the Secretary of State no later than 60 days before the transmission deadline.

(2)          The county must provide a weekly progress report on implementing the plan to the Secretary of State beginning 50 days before the transmission deadline.

(3)          The county clerk must provide a daily progress report to the Secretary of State beginning five days before the transmission deadline.

16.2       Electronic transmission

16.2.1    In accordance with sections 1-8.3-110 and 1-8.3-113, C.R.S., an elector may request to receive and return his or her ballot by electronic transmission.

a)            An elector who requests fax transmission must provide a fax number, including the international country code and local area, province, or city code, if applicable, where the ballot is to be faxed.

(b)          An elector who requests email transmission must provide a complete email address where the ballot is to be transmitted. In accordance with section 1-8.3- 115, C.R.S., no election official may disclose the email address to the public.

(c)           In accordance with section 1-8.3-113(1), C.R.S., a covered voter who chooses to receive his or her unvoted ballot by electronic transmission may return his or her ballot by fax or email only if the covered voter reasonably determines that a more secure method, such as returning the ballot by mail, is not available or feasible. “Not feasible” means circumstances where the covered voter reasonably believes that if he or she mails the ballot the county clerk will not receive it by the close of business on the eighth day after an election.

(d)          To return a voted ballot and self-affirmation by email, the elector must scan and return the documents as an email attachment.

(e)          If an elector requests to receive his or her ballot by electronic transmission, the county clerk must transmit the elector’s ballot electronically for all covered elections until the elector requests otherwise or the elector’s electronic transmission method becomes undeliverable.

16.2.2    The electronic transmission must include:

(a)          Directions for the voter to access their ballot and materials online at the website approved by the Secretary of State; or

(b)          The county clerk’s contact information including mailing address, email address, phone, and fax number;

(c)           A notice that the ballot may not be duplicated for any other elector;

(d)          Instructions for completing and returning the ballot;

(e)          A notice regarding the ballot return deadline;

(f)           Information regarding how the elector may verify that his or her ballot has been received by the county clerk; and

(g)          Any other information deemed necessary by the Secretary of State or the county clerk.

(h)          The ballot packet, which must be in text format on 8 ½” x 11” white paper and must include:

(1)          An electronic transmission affidavit and coversheet to protect voter privacy;

2)            The unvoted ballot; and

3)            The electronic transmission ballot instructions.

16.2.3    The self-affirmation must include the standard oath required by the Uniformed and Overseas Citizen Voting Act, the elector’s name, date of birth, signature, and the following statement: I also understand that by returning my voted ballot by electronic transmission, I am voluntarily waiving my right to a secret ballot and that Colorado law requires that I return this ballot by a more secure method, such as mail, if available and feasible.

16.2.4    If the county clerk transmits a ballot packet to an elector by fax or email and the transmission is unsuccessful, the county clerk must attempt to fax or email the ballot at least two more times. If electronic transmission is unsuccessful, the county clerk must mail the ballot and remove the electronic transmission flag in SCORE under Rule 16.2.1(e).

16.2.5    The county clerk must maintain a log of each ballot sent by electronic transmission. The county clerk must maintain the log as an election record along with any other email or fax records. The log must include:

(a)          The name of the elector;

(b)          The fax number or email address to which the ballot packet was transmitted (as applicable);

(c)           The date the ballot packet was transmitted; and

(d)          The initials of the election official transmitting the ballot.

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 7.7. After the affidavit has been verified, a bipartisan team of judges must duplicate the ballot. Duplicating judges must not reveal how the elector voted.

16.2.7    A military or overseas elector whose registration record is inactive may download an application and ballot using the electronic ballot delivery system.

(a)          The elector must submit the ballot and application in accordance with the deadlines in section 1-8.3-111 and 1-8.3.113, C.R.S., for the ballot to be counted.

(b)          Every county must use the approved electronic delivery system to implement this Rule.

16.2.8    Nothing in this Rule 16.2 permits internet voting. Internet voting means a system that includes remote access, a vote that is cast directly into a central vote server that tallies the votes, and does not require the supervision of election officials.

9.1 Challenging an in-person voter

9.1.1 Under Section 1-9-201, C.R.S., an election official, watcher, or eligible elector of the precinct may challenge an elector’s right to vote. A person whose eligibility is challenged while voting in-person, must be offered a regular ballot by an election judge if the person answers the applicable challenge questions confirming their eligibility as specified in section 1-9-203, C.R.S., and this Rule. If the person challenged refuses to answer the challenge questions or does not otherwise confirm their eligibility, an election judge must offer the person a provisional ballot.

9.1.2 Citizenship. The election judge must ask the elector, "Are you a citizen of the United States?"

9.1.3 Residency. The election judge must ask the elector the following questions:

(a) "Will you have resided in Colorado for the 22 days before election day?"

(b) "Do you reside at the address stated in your voter registration record?"

(c) "Have you been absent from Colorado during the past 22 days?" If the elector responds that he or she was absent during the 22-day period, the election judge must also ask the following questions:

(1) "Have you been absent for a temporary purpose with the intent of returning, or did you intend to remain outside Colorado?"

(2) "While you were absent, did you consider Colorado to be your home or did you maintain a home or domicile elsewhere?"

(3) "While you were absent, did you vote in any other state or territory of the United States?"

9.1.4 Age. For a primary election, the election judge must ask the elector, “Are you at least 17 years of age and will you be 18 years of age or older on or before the date of the next general election?” For any other election, the election judge must ask the elector, “Will you be 18 years of age or older on election day?”

9.2 Challenging a mail ballot voter

9.2.1 Challenges of a mail ballot must be made in writing on the form approved for use by the Secretary of State and must include all information required on the form. Once filled out, the challenge must be delivered to a person designated by the county clerk who did not make the challenge. The person designated by the county clerk to receive the challenge form must attach the challenge form to the mail ballot being challenged and process the challenge in accordance with this Rule 9.

9.2.2 If an individual challenges a mail ballot for forgery of a deceased person’s signature on the mail ballot envelope or for submission of multiple ballots by the same voter for the same election, the election judge must forward the ballot to two other election judges of different political party affiliations designated by the county clerk who must jointly review the elector’s eligibility to vote. At their request, the election judges may receive assistance in making their eligibility determination from county clerk staff. A challenge for

Colorado Secretary of State Election Rules [8 CCR 1505-1]

Rule 9 – As Adopted 8/26/2021 2

submission of multiple ballots under this rule does not apply to an unaffiliated voter who returns more than one party’s ballot.

(a) If both election judges determine the mail ballot should not be counted because they believe it contains a forgery of a deceased person’s signature on the mail ballot envelope, or they believe it is one of multiple ballots cast by the same voter for the same election, then the following steps must be taken by the county clerk:

(1) The county clerk must send to the challenged voter:

(A) Notification that their ballot has been challenged;

(B) A copy of the challenge form;

(C) A form for the eligible elector to return confirming that the elector returned their mail ballot or did not return more than one mail ballot as applicable;

(D) Instructions to the eligible elector to return a copy of the elector’s identification as defined in section 1-1-104 (19.5); C.R.S., and

(E) Notification to the eligible elector that the challenge and elector’s response must be referred to the district attorney under section 1-9-209, C.R.S.

(2) Notification of the challenge must be sent within three days after the challenge has been made, but no later than two days after election day.

(3) The challenged ballot must be counted if the ballot is otherwise valid and the county clerk receives the form from the eligible elector within eight days after election day, including:

(A) A statement that the elector returned a mail ballot to the county clerk and recorder or did not vote more than once in an election as applicable; and

(B) A copy of the elector’s identification as defined in section 1-1-104 (19.5), C.R.S.

(4) If the county clerk receives a form indicating that the elector did not return a ballot to the county clerk, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope must be categorized as incorrect, and the ballot may not be counted.

(b) If either election judge determines the challenge should be rejected, then the county clerk must count the elector’s ballot if it is otherwise valid. Unless the challenge is withdrawn, the county clerk must send the challenged voter:

(1) A copy of the challenge along with notification that the challenge was rejected;

(2) Notification that the ballot was counted;

Colorado Secretary of State Election Rules [8 CCR 1505-1]

Rule 9 – As Adopted 8/26/2021 3

(3) Instructions to the elector allowing them to otherwise respond to the challenge; and

(4) Notification that the challenge and elector’s response must be referred to the district attorney under section 1-9-209, C.R.S.

9.2.3 If an individual challenges a mail ballot for any reason other than for forgery of a deceased person’s signature or for submission of multiple ballots cast by the same voter for the same election, the election judge must forward the challenge to the county clerk and otherwise process the mail ballot as normal. Unless the challenge is withdrawn, the county clerk must send the challenged voter:

(a) A copy of the challenge;

(b) Notification that the ballot was counted;

(c) Instructions to the elector allowing them to otherwise respond to the challenge; and

(d) Notification that the challenge and elector’s response must be referred to the district attorney under section 1-9-209, C.R.S.

9.2.4 Following the election, the county clerk must send a copy of all challenges that have not been withdrawn, along with any responses received from the challenged voters, to the district attorney as required by section 1-9-209, C.R.S

18.1       In any election where a multiple page printed ballot is used, a voter must vote and return all pages of the ballot at the same time. Any voter who returns at least one page of a multiple page printed ballot will be considered to have voted and the county clerk or designated election official must count the votes on the submitted pages. The county clerk must not count votes on additional pages returned at a later time. The county clerk must appropriately mark, set aside, and preserve the ballots as election records in accordance with section 1-7-802, C.R.S.

18.2       Standards for hand counting paper ballots

18.2.1    In accordance with section 1-7-309, C.R.S., and Rule 18.5, judges counting ballots must consider the intent of the voter.

18.2.2    If a race or ballot measure is overvoted, the judges must not count any vote for that race or ballot measure.

18.2.3    If a race or ballot measure contains no markings by the voter, no tally will be made for that race or ballot measure. But all other candidate races or ballot measures properly marked by the voter on the ballot must be counted.

18.2.4    A ballot which has no markings for any candidate races or ballot measures must be tallied as a blank ballot.

18.3       Standards for counting paper ballots on ballot scanners

18.3.1    Procedures for counting paper ballots on ballot scanners at polling locations

(a)          To the extent permitted by its voting system, the county must program ballot scanners to sort ballots with write-in votes to a segregated bin of the ballot box or digital media and to initially reject blank ballots and ballots with overvotes.

(b)          Voters whose ballots are initially rejected by a ballot scanner as a blank or overvoted ballot must be given the opportunity to review and correct their ballot. If after review, a voter requests to submit the blank or overvoted ballot as originally marked, an election judge must assist the voter by overriding the initial rejection setting on the ballot scanner.

(c)           At the conclusion of voting, ballots with write-in votes must be delivered to the central count location in a secure container for resolution in accordance with Rule 18.5.3.

18.3.2    Procedures for counting paper ballots on ballot scanners at central count locations

(a)          Before tabulation, a resolution board must duplicate damaged ballots, and may duplicate ballots with marks that may identify the voter, in accordance with Rule

18.4. Election judges may visually inspect every ballot for the limited purpose of segregating damaged ballots and ballots with marks that may identify the voter.

(b)          A county must sort ballots requiring resolution according to the capabilities of its voting system.

(1)          If a county’s voting system supports digital ballot resolution, the county must program the voting system to digitally queue for resolution blank

ballots, ballots with write-in votes, and ballots with overvotes. Ballots with marginal or ambiguous markings must be sorted according to the system provider’s specifications, or, if different, the applicable Conditions of Use issued by the Secretary of State. The digitally queued ballots must be resolved by election judges in accordance with Rule 18.5.

(2)          If a county’s voting system does not support digital ballot resolution, the county must program the central count ballot scanners to reject or sort blank ballots and ballots with overvotes, and to sort ballots with write-in votes. The resolution board must resolve all ballots initially rejected and sorted by the central count ballot scanners in accordance with Rule 18.5.

(c)           A resolution board must resolve ballots sorted or rejected for resolution.

(1)          In partisan elections, a resolution board must consist of at least two election judges affiliated with different major political parties.

(2)          In nonpartisan elections, a resolution board must consist of at least two election judges.

(3)          In counties with a voting system that does not support digital resolution, the county must have at least one resolution board.

(4)          In counties with a voting system that supports digital resolution, a resolution board must work at each resolution workstation.

(5)          The members of a resolution board for an election may change, but all members of the resolution board at any particular time must satisfy the eligibility requirements specified in this Rule 18.3.2(c).

18.4       Ballot Duplication

18.4.1    A resolution board must duplicate a voter’s choices or selections on a damaged ballot onto a blank ballot of the same ballot style in accordance with Rule 18.4. During the duplication process, and to the extent necessary, the resolution board must also resolve overvotes, write-in votes, and ambiguous markings in accordance with Rule 18.5. During ballot duplication, two election judges must observe or review the work of each resolution board. In a partisan election, the observing election judges must be representatives of each major political party.

18.4.2    A resolution board must review the original ballot and the duplicated ballot, and consult the Voter Intent Guide if necessary, to ensure that each damaged ballot has been properly and accurately duplicated.

18.4.3    In order to match each damaged ballot to its corresponding duplicated ballot, the resolution board must identify and mark each damaged and duplicated ballot with the type of ballot and a unique number, similar to the following example: mark the damaged ballot “Orig 0001,” and the counterpart duplicated ballot “Dupe 0001.”

18.4.4    The resolution board must maintain a written log itemizing all damaged ballots that it duplicates. The duplication log must include at least each damaged and duplicated ballot’s unique number, the date on which it was duplicated, the reason for duplication, and the printed names and signatures of the members of the resolution board.

18.4.5    A county clerk must count duplicated ballots in the same manner as all other paper ballots.

18.4.6    Before retention for storage, the resolution board must deposit all duplicated ballots and duplication logs in a sealable container that is clearly marked to identify its contents (e.g., “damaged ballots”). The county must maintain chain-of-custody and seal logs for the damaged ballot container at all times during the statutory election records retention period.

18.5       Ballot Resolution

18.5.1    A resolution board must resolve all blank ballots and ballots with overvotes, write-in votes, and ambiguous markings in accordance with the Secretary of State’s Voter Intent Guide.

18.5.2    Resolution of blank ballots. A resolution board must examine blank ballots to determine if the ballot is a true blank ballot or one that has been marked in a manner or medium that was not detected by the voting system.

(a)          Counties without digital resolution capability. If the ballot is truly blank, the resolution board must re-scan the ballot and override the initial rejection setting. If the ballot is marked in a manner or medium that can be discerned by the resolution board but cannot be tabulated by the voting system, the resolution board must duplicate the ballot in accordance with Rule 18.4 and, to the extent necessary, resolve the ballot in accordance with Rule 18.5.

(b)          Counties with digital resolution capability. If the ballot is truly blank, the resolution board must record the ballot as a blank ballot in the voting system’s resolution application. If the ballot is marked in a manner or medium that can be discerned by the resolution board but cannot be tabulated by the voting system, the resolution board must resolve the ballot in the voting system’s resolution application in accordance with Rules 18.5.2(b) and 18.5.3.

18.5.3    Resolution of write-in votes

a)            A resolution board must resolve all write-in votes in accordance with the Secretary of State’s Voter Intent Guide.

(b)          In counties using voting systems featuring digital resolution capable of detecting voter markings on or in a write-in line or area, and if the voter does not mark any of the target areas in a particular contest, the resolution board must resolve during initial adjudication the written name of an eligible write-in candidate as a valid vote for that candidate even if the voter fails to mark the corresponding target area.

(c)           In counties using voting systems that do not have digital resolution capability, or the digital resolution feature is not capable of detecting voter markings on or in a write-in line or area if the corresponding target area is not also marked, and if the voter does not mark any other target area in a particular contest, the resolution board must count as valid votes for eligible write-in candidates those instances in which the voter both marks the applicable target area and writes in the name of a certified write-in candidate. During any recount, if the number of undervotes in a ballot contest could change the outcome if attributed to an eligible write-in candidate, votes for that candidate must be counted whether or not the target area designating the selection of a write-in candidate has been marked, provided that the number of candidates chosen does not exceed the number permitted in that office.

Nonpartisan Elections not Coordinated by the County Clerk

5.1 The designated election official must send notice of the election to the clerk of the county in which the election will be held. The notice must include the date by which the list of registered electors must be submitted to the political subdivision.

5.2 For multi-county political subdivisions, the notice sent to each clerk must also include the names of all other counties in which the election will be held.

5.3 If a political subdivision coordinates with the county clerk, the designated election official is not required to submit a separate election plan for the election.

5.4 Registration list for a special district election

5.4.1 If a special district requests a registration list under section 1-13.5-203(1), C.R.S., the county clerk must provide to the designated election official:

(a) A list of registered electors as of the 40th day before the election to be delivered on the 30th day before the election, followed by a list of all registered electors as of the close of business on the 22nd day before the election to be delivered on the 20th day before the election; or

(b) A complete list of registered electors as of the sixth day before the election.

5.4.2 Upon request, the county must provide the designated election official a list of UOCAVA electors who reside within the special district.

5.4.3 Beginning the 40th day before the date of election and through election day, the county must stay current with all voter registration data entry.

5.4.4 For every registration list sent to the special district, the county clerk must inform the designated election official of the proper procedures for handling protected or confidential elector information. [Section 24-72-204(3.5), (8), and Part 21, Article 30, Title 24, C.R.S.]

5.5 Registration lists for municipal elections

5.5.1 If a municipality is conducting a mail ballot election, the county clerk must provide the municipality with:

(a) A preliminary list of all eligible electors no later than the 30th day before the election; and

(b) A supplemental list of electors no later than the 20th day before the election. The list must contain the names of all eligible electors in the municipality who were not on the 30-day list and who registered on or before the 22nd day before the election.

5.5.2 The county clerk must provide the municipality with a registration list no later than the fifth day before the election. If provided on the fifth day, the list must include all registered electors in the municipality as of the sixth day before the election.

5.5.3 Beginning the 40th day before the election and through election day, the county clerk must stay current with all voter registration data entry.

Colorado Secretary of State Election Rules [8 CCR 1505-1]

Rule 5 – As temporarily adopted and effective 8/23/2019 2

5.5.4 For every registration list sent to the municipality, the county clerk must inform the designated election official of the proper procedures for handling protected or confidential elector information. [Section 24-72-204(3.5), (8), and Part 21, Article 30, Title 24, C.R.S.]

5.6 If an eligible elector attempts to register or update his or her registration at the county clerk’s office, the county must process the request and ensure that the elector appears on the next registration list provided to the municipality or issue the elector a certificate of registration.

26.1       Definitions. As used in this Rule, unless stated otherwise:

26.1.1    “Active Ballot” means a ballot properly marked and counted for either a winning candidate or a continuing candidate.

26.1.2    “Continuing candidate” means a candidate who has not been eliminated but is not a winning candidate.

26.1.3    “Duplicate ranking” means a voter marked more than one ranking for a candidate.

26.1.4    “Instant Run-off Election” means a type of ranked voting election where only one candidate will be elected to office.

26.1.5    “Overvote” means a voter marked more than one candidate with the same ranking.

26.1.6    “Ranking” means the voter’s assigned number or the numeric position for a candidate to express the voter’s preference for that candidate. Ranking number one is the highest rank, ranking number two is the next-highest rank, and so on.

26.1.7    “Single Transferable Vote Election” means a type of ranked voting election where more than one candidate will be elected to the same office.

26.1.8    “Skipped ranking” means a voter did not rank candidates in numerical order (e.g., voter ranks top candidate with a “1” and second candidate with a “3”, or leaves a ranking blank).

26.1.9    “Surplus votes” means the votes cast for a winning candidate in excess of the winning threshold that may be transferred to a continuing candidate.

26.1.10 “Surplus fraction” means a fraction calculated by dividing the surplus votes by the total votes cast for the winning candidate, calculated to four decimal places, ignoring any remainder. Surplus fraction = (surplus votes of a winning candidate)/(total votes cast for winning candidate), calculated to four decimal places, ignoring any remainder.

26.1.11    “Transfer” means assigning the vote of an eliminated candidate or the surplus vote of a winning candidate to the next-highest-ranked continuing candidate.

26.1.12 “Transfer value” means the fraction of a vote that a transferred ballot will contribute to the next ranked continuing candidate on that ballot. The transfer value of a vote cast for a winning candidate is limited to four decimal places, ignoring any remainder.

26.1.13    “Winning candidate” means a candidate who is elected after receiving at least 50 percent plus one vote in an instant-run-off election, or after reaching the winning threshold required in a single transferrable vote election, or because the number of continuing candidates and other winning candidates is less than or equal to the number of seats to be filled.

26.1.14 “Winning threshold” means the number of votes sufficient for a candidate to be elected. In any given election, the winning threshold equals the total votes counted in the first round of tabulation, divided by the sum of one plus the number of offices to be filled, then adding one, disregarding any fractions. Winning threshold = ((Total votes cast)/(Seats to be elected + 1)) +1, with any fraction disregarded.

26.2       A local government may only conduct a ranked voting election if there are three or more candidates who have qualified for the ballot for that contest, or when there is a combination of at least two candidates who have qualified for the ballot for that contest plus at least one qualified write-in candidate.

26.3       A local government conducting a ranked voting election that is coordinating with the county clerk must give notice to the county clerk no later than 100 days before the election. If the county’s voting system is not capable of conducting a ranked voting election, the county clerk is not required to coordinate.

26.4         The designated election official of a jurisdiction that will conduct an election using a ranked voting method must provide voter instructions.

26.4.1    The voter instructions must include, at a minimum:

(a)          A brief explanation of ranked voting;

(b)          Instructions on how to properly mark a ballot;

(c)           A description of how ballots will be counted;

(d)          An example of a properly marked paper ballot;

(e)          For instructions that will be posted at a polling location, an example of how to properly vote an in-person ballot; and

(f)           Contact information for the designated election official of the election.

26.4.2    In a coordinated election, the county clerk must include the instructions in the county’s election plan.

26.5       The designated election official of a jurisdiction conducting a ranked voting election must include instructions on the ballot showing how to properly mark the ballot. For elections in which ranked voting is not the only voting method used, the designated election official must format the ballot in a way that will allow the county to conduct all audits and reporting required by law and rule, including reporting results of ranked voting races by precinct, and may place the ranked voting races on a separate ballot card.

26.6       Tabulation of instant-run-off elections

26.6.1    In any ranked voting election in which only one candidate will be elected to office, the designated election official must follow the tabulation procedures described in this rule.

26.6.2    During the first round of tabulation, the designated election official must tabulate the first- choice ranks on each ballot.

(a)          A candidate who receives over 50 percent of the first-choice ranks on each ballot is the winning candidate and no further rounds of tabulation will take place.

(b)          If no candidate receives over 50 percent of the first-choice ranks on each ballot, the designated election official must continue to the next round of tabulation.

26.6.3    During the second round of tabulation, the candidate with the fewest first-choice ranks in the first round is eliminated and the eliminated candidate’s votes are transferred to each ballot’s next-ranked continuing candidate.

(a)          If, after receiving the transferred votes, a continuing candidate receives over 50 percent of the votes cast on active ballots, that candidate is the winning candidate and no further rounds will take place.

(b)          If no candidate has over 50 percent of the votes cast on active ballots after the second round, the designated election official must repeat additional rounds of tabulation as described in this Rule, until there is a winning candidate.

26.6.4    In any round, two or more candidates may be eliminated simultaneously if those candidates’ combined votes in that round plus the combined votes of all candidates with fewer votes, if any, are less than the number of votes for the candidate with the next- highest number of votes.

26.6.5    In any round, if two or more candidates tie for the lowest number of votes, the eliminated candidate must be chosen by lot, unless the candidates may be eliminated simultaneously under Rule 26.6.4.

26.6.6    If only two continuing candidates remain after a round and they have the same number of votes, the winning candidate must be chosen by lot.

26.6.7    The designated election official need not report election night results under Rule 11.10.4, unless directed by the Secretary of State.

26.7       Tabulation of ranked voting elections using the single transferable vote method

26.7.1    In any ranked voting election where more than one candidate will be elected to an office, the designated election official must follow the tabulation procedures described in this rule.

26.7.2    During the first round of tabulation, the designated election official must tabulate the first- choice ranks on each ballot.

(a)          If the number of winning candidates is equal to the number of seats to be filled, then no further rounds will take place.

(b)          If the number of winning candidates is less than the number of seats to be filled, the designated election official continues to the next round.

26.7.3    During the second round of tabulation, the designated election official must calculate each winning candidate’s surplus votes, as described in Rule 26.7.4, and transfer those votes proportionately to any continuing candidate.

(a)          After the votes are transferred, if the number of winning candidates is equal to the number of seats to be filled, no further rounds will take place.

(b)          After the votes are transferred, if the number of winning candidates is less than the number of seats to be filled, the designated election official must eliminate the continuing candidate with the fewest first-choice votes, surplus votes from winning candidates, and, when applicable, votes transferred from eliminated candidates. The eliminated candidate’s votes must then be transferred to each active ballot’s next-highest-ranked continuing candidate.

(c)           After each eliminated candidate’s votes are transferred, if the number of winning candidates is equal to the number of seats to be filled, no further rounds will take place.

(d)          After each eliminated candidate’s votes are transferred, if the number of winning candidates is less than the number of seats to be filled, the designated election official must conduct additional rounds of tabulation as described in this rule until all seats are filled.

26.7.4    To calculate a winning candidate’s surplus votes in any round, the designated election official must:

(a)          Determine which winning candidate received the most votes in any round.

(1)          In the first round, this will only include first-choice votes cast for the winning candidate.

(2)          In subsequent rounds, this will include first-choice votes cast for the winning candidate, votes transferred from eliminated candidates, and surplus votes from other winning candidates.

(3)          If two or more winning candidates tie for the most votes in any round, the designated election official must first count the surplus votes of the candidate chosen by lot.

(b)          After determining which winning candidate received the most votes in any round, calculate that candidate’s surplus fraction.

c)            After calculating a winning candidate’s surplus fraction, tabulate the number of votes cast for the next-highest-ranked continuing candidate on every ballot cast for the winning candidate. Then multiply each of those votes cast by the winning candidate’s surplus fraction and add the resulting transfer value to any continuing candidate’s total as described in Rule 26.7.3(b).

(d)          In any round with more than one winning candidate, repeat this process for each winning candidate in the order of highest votes received.

26.7.5    In any round, if two or more candidates tie for the lowest number of votes, the designated election official must determine the eliminated candidate by lot.

26.7.6    The designated election official need not report election night results under Rule 11.10.4, unless directed by the Secretary of State.

26.8       After determining voter intent in accordance with the Secretary of State’s Voter Intent Guide, the designated election official must count improperly marked ballots as follows:

26.8.1      An overvote invalidates the overvoted rankings and all lower rankings marked for that contest on the ballot.

26.8.2    A skipped ranking and any lower ranking must be ignored.

26.8.3    A candidate who receives a duplicate ranking on a single ballot is credited with the highest ranking marked by the voter. All other rankings for that candidate must be ignored.

26.9       Reporting results of a ranked voting election

26.9.1    The designated election official must ensure anonymity of a voter’s rankings in the ballot image report required by section 1-7-1003 (7)(a)(II), C.R.S. In precincts with ten or fewer voters, the ballot image reports must be combined with another precinct.

26.9.2    The comprehensive report required by section 1-7-1003 (7)(a)(III), C.R.S., must include results in the summary report by precinct.

26.9.3    The designated election official must submit the final reports required by section 1-7-1003 (7)(a), C.R.S., to the Secretary of State no later than the twenty-second day after the election.

26.10     Auditing a ranked voting election or race. The designated election official must audit each ranked voting race in accordance with this Rule before the canvass board certifies official election results.

26.10.1 In a coordinated election, if all winning candidates are determined in the first round of tabulation, the county clerk must conduct a risk-limiting audit under Rule 25.2. In all other cases, the audit board must verify the accuracy of the voting system’s tabulation of the ranked voting contest by hand counting the votes in at least one precinct, or in one percent of all precincts in which the ranked voting contest appeared on the ballot, whichever is greater.

26.10.2 No later than 15 days before election day, the designated election official must appoint an audit board.

(a)          In a coordinated election, the audit board must consist of electors nominated by the major political party county chairpersons, except as otherwise provided by an intergovernmental agreement.

(b)          In any other election, the members of the audit board must be nominated and appointed as provided by applicable law or ordinance.

(c)           At least two members of the canvass board must observe the audit, and members of the canvass board may serve as members of the audit board.

(d)          The designated election official, members of their staff, and other duly appointed election judges may assist the audit board in conducting the audit.

26.10.3 The designated election official must convene a public meeting on the tenth day after election day to randomly select by lot the precinct or precincts to be audited. The designated election official must post notice of the public meeting at least seven calendar days in advance. The notice must include a description of the random selection lot method. The designated election official must give notice of and submit to the Secretary of State a list of the precincts randomly selected for audit by 5:00 p.m. on the tenth day after election day.

26.10.4 Conducting the audit.

(a)          The audit board must locate and retrieve all ballot cards containing the ranked voting contest for the randomly selected precincts from their storage containers, and verify and maintain documented chain-of-custody of all voted ballots.

(b)          The audit board must first confirm that the number of ballot cards located and retrieved for the audit equals the number of ballot cards with the ranked voting contest tabulated in each randomly selected precinct.

(c)           For each ranked voting contest, the audit board must hand count the ballots cast, following the counting method set forth in Rule 26.6 for instant-runoff-voting contests, and in Rule 26.7 for single transferable voting contests.

26.10.5 The designated election official must report the results of the audit to the Secretary of State by mail, fax, or email by 5:00 p.m. on the last day to canvass. The audit report must contain:

(a)          The number of ballots audited for each ranked voting contest;

b)            The voting system’s tabulation of the ranked voting contests for the randomly selected precincts;

(c)           The audit board’s hand count of the ranked voting contests for the randomly selected precincts;

d)            The audit board’s statement that its hand count confirmed the voting system’s tabulation or an explanation for any discrepancies identified; and

(e)          The signatures of the audit board, the canvass board members who observed the audit, and the designated election official.

26.10.6 The designated election official must segregate and seal and preserve as election records all materials used during the ranked voting audit, including all tabulation reports, the audited ballots, and the audit report.

7.8         Voter service and polling centers

7.8.1      The county clerk must designate and open the minimum number of voter service and polling centers as required in section 1-5-102.9, C.R.S., for a general election and section 1-7.5-107(4.5), C.R.S., for all other elections.

a)            For a general election, the minimum number of voter service and polling centers must be open beginning 15 days before election day during the following hours:

1)            In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), C.R.S., voter service and polling centers must be open from 8 A.M, to 5 P.M. Monday through Friday, and the second Saturday.

(2)          In all other counties, voter service and polling centers must be open during normal business hours, which means at least eight hours per day Monday through Friday, and at least four hours continuously on the second Saturday.

(b)          For any primary or November coordinated election, the minimum number of voter service and polling centers must be open beginning 8 days before election day during normal business hours, which means at least eight hours Monday through Friday, and at least four hours continuously on Saturday.

(c)           All voter service and polling centers must be open from 7:00 a.m. through 7:00 p.m. on election day.

(d)          Signage at each voter service and polling center must indicate that it is a violation of law for any person to collect more than ten ballots for delivery in any election.

7.8.2      Voter service and polling center materials include sufficient computer stations for SCORE access, HAVA information, signature cards, paper ballots, voting booths and a ballot box.

7.8.3      In order to assist applicants and electors efficiently, a county clerk must configure voter service and polling centers with sufficient election judges, WebSCORE work stations, voting equipment, and sufficient numbers of mail and in-person ballots that can be tabulated by the county’s voting system without further duplication, and other supplies. A county may satisfy this Rule by providing a sufficient number of ballot marking devices or ballot on demand printers.

7.8.4      Except for voters with disabilities, the maximum allowable time in a voting booth is 15 minutes if there are voters waiting. The Secretary of State may order additional time based on the length of the ballot.

7.8.5      Any eligible elector may vote in-person at a voter service and polling center. An election judge must void the elector’s mail ballot in SCORE before issuing an in-person ballot.

7.8.6        If a voter leaves the voting area without completing the voting process, two judges of different affiliation must, to the extent possible, cover the voter’s choices, and cast the ballot as the voter left it.

7.8.7      An unaffiliated elector voting in person at a voter service and polling center in a primary election must state which party’s election he or she chooses to vote in, and the election judge must indicate the voter’s selection in WebSCORE and provide the voter with that party’s ballot.

7.8.8      On election day, a county must measure and record the wait time at each of its voter service and polling centers in accordance with the Secretary of State’s written wait time policy document.

7.8.9      Each county must report its wait time data results to the Secretary of State no later than 30 days after the election.

7.8.10    A county clerk that receives notice of a petition for extending the hours of any voter service and polling center on election day must immediately notify the Secretary of State of the order. If an order is entered by any court that extends the hours of any voter service and polling center in the state, all counties must wait to post, publish, or disclose election night results until the time for the extension has passed; except that a county may upload its results to the secretary of state. The Secretary of State’s office will not publish results on the Election Night Reporting system until all polls have closed.

7.8.11      The county clerk of any county that has a tribal council headquarters located within the county borders must notify the tribal council by letter that the tribal nation has the right to request that a voter service and polling center be located within the boundaries of the tribal nation in the upcoming general election. The county clerk must send this notification by mail no later than 225 days before the date of any general election.

7.9         The county clerk must complete an accessibility survey for all drop box and voter service and polling center locations annually before designating a location for use, and no later than 120 days before an election, the county clerk must designate drop-off, drop box, and voter service and polling center locations. In a presidential election year, the county clerk’s accessibility survey for the presidential primary election serves as the annual survey for that voter service and polling center or drop box through the following general election.

7.9.1      For the first survey of a location, the county clerk must complete the full ADA Checklist for voter service and polling centers. The county clerk must complete the Annual Voter Service and Polling Center Accessibility Survey form for each location designated for use in an election year after the initial survey is completed.

7.9.2      If a location fails to meet the minimum accessibility requirements outlined in the ADA Checklist, the county clerk must develop a barrier removal plan outlining the modifications that the county clerk will implement to bring the site into compliance. The county clerk must indicate on the survey whether the modifications are temporary or permanent.

7.9.3      The Secretary of State may deny an application for accessibility grant funds if a county clerk fails to assess locations, timely file complete accessibility surveys, or develop and implement necessary barrier removal plans in accordance with this Rule. The Secretary will conduct site visits to assess compliance and identify accessibility barriers. The Secretary will seek injunctive action or other penalties under section 1-1-107(2)(d), C.R.S., as necessary to remedy violations of this Rule.

7.10       Voter service and polling center connectivity

7.10.1    The county must have real-time access to SCORE and WebSCORE at every voter service and polling center.

7.10.2    At no time may an election official open simultaneous sessions of both SCORE and WebSCORE on a single workstation.

7.10.3    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 2.17.

7.11       At each Voter Service and Polling Center, election judges and, if appropriate, election staff, must:

7.11.1    Provide all services outlined in 1-5-102.9, C.R.S., including providing blank cure forms and collecting completed cure forms for voters who wish to cure their ballot in accordance with sections 1-2-502.5 (4)(c), 1-7.5-107 (3.5)(d), or 1-7.5-107.3 (1.5), C.R.S.; and

7.11.2    Use WebSCORE to register voters; update existing voter registrations; issue and replace mail ballots; and issue, spoil, and replace in-person ballots.

7.12       Assisting voters with disabilities in a voter service and polling center

7.12.1    The designated election official must post a sign at the voter service and polling center that states:

NOTICE: VOTING ASSISTANCE FOR ELECTORS WITH DISABILITIES

Colorado law protects a voter’s legal right to assistance in voting if assistance is needed because of a disability.

1.            If you require assistance, please inform an election judge.

2.            Any person, including an election judge, may assist you.

3.            If you select a person other than an election judge, he or she must complete a Voter Assistance Form, which includes an oath that states:

I, ………, certify that I am the individual chosen by the elector to assist the elector in casting a ballot. I further certify that I will not in any way attempt to persuade or induce the elector to vote in a particular manner, nor will I cast the elector’s vote other than as directed by the elector I am assisting.

4.            The person you select may provide any assistance you need, including entering the voting booth, preparing the ballot, or operating the voting machine.

5.            The person assisting you may not seek to persuade you or induce you to vote in a particular manner.

6.            The election judge must record the name of each voter who receives assistance and the name of the person who provides assistance on the signature card.

7.12.2    If a voter has spoiled two ballots and requests a third ballot, an election official must offer assistance in voting and casting the ballot.

7.13       Voter history

7.13.1    After the canvass, the designated election official must give vote credit to each person who voted in the election.

7.13.2    If the voter history records do not match the number of voters at that election, the designated election official must ensure the following:

(a)          Each voter received credit; and

(b)          All signature cards are accounted for.

7.13.3    The designated election official must explain and document all research concerning discrepancies.

7.14       Reimbursement to counties for state ballot measure elections. No later than 90 days after an election, the county must submit a completed request for reimbursement under section 1-5-505.5,

C.R.S. The county must submit the request using the form provided by the Secretary of State.

7.15       Within 120 days after election day, or before the first day to conduct signature verification at the next county or municipal mail ballot election, whichever is sooner, the county clerk must scan into SCORE the elector’s signature and signature date on each accepted mail ballot return envelope and on any cure letter returned by the elector. In a presidential primary year, the deadline for scanning signatures and signature dates from all prior elections that year is extended to 120 days after the state primary election. A county that is unable to scan the signature and/or signature date into SCORE may apply to the Secretary of State for a waiver from these requirements.

2.1         Submission of voter registration applications

2.1.1      An applicant may submit a properly executed voter registration form to the county clerk in person, by mail, by fax, by online voter registration, or as an email attachment.

2.1.2      If any portion of a mail application is illegible, the county clerk must notify the applicant of the additional information required in accordance with section 1-2-509, C.R.S.

2.1.3      For submitting applications by fax, email, or online voter registration, close of business is 11:59 p.m. MT.

2.1.4      Under section 1-2-508, C.R.S., the effective date of a voter registration application received by the Secretary of State is the date of the postmark, if legible. If there is no legible postmark, the effective date is the date the application is received.

2.1.5      The county clerk must implement a data entry review process to ensure that the county accurately processes voter registration applications in SCORE.

2.1.6      The effective date of a voter registration application completed through the online voter registration system is the date and time the applicant submits it.

2.2         For purposes of precinct caucus lists the elector’s duration of residency within a precinct is based on the effective date shown in SCORE.

2.3         When processing a new voter registration application, the county clerk must mark the registration record “ID required” unless the elector provides his or her verifiable driver’s license number or state identification number, or the elector is otherwise exempt under law. [Section 1-2-204(2)(f.5), C.R.S.]

2.3.1      The county must process the Help America Vote Verification file on at least a monthly basis by verifying social security numbers and removing the “ID required” flag from verified records.

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:

(1)          A Certificate of Degree of Indian or Alaskan Native Blood;

(2)          A letter from the director or administrator of a group residential facility that indicates that the elector is a resident of the facility and that he or she resides at the street address listed in SCORE; and

(3)          A division of youth corrections identification card issued by Department of Human Services.

(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.

(b)          A government document does not include any document produced by the SCORE system or using an address label produced by SCORE.

[Sections 1-1-104(18.5), (19.5)(c), and (19.5)(d), C.R.S.]

2.3.3      As used in section 1-1-104(19.5)(a)(VII), C.R.S., “current” means that the date of the document is within 60 days of the date submitted for identification purposes unless the document states a longer billing cycle.

2.4         Treatment of incomplete new registration applications

2.4.1      If an applicant fails to check the box answering the question, "Are you a citizen of the United States?", the county clerk must accept and process the application as complete so long as it is otherwise complete and the affirmation at the bottom of the form is signed.

2.4.2      If an applicant fails to complete the required identification portion of the form in accordance with sections 1-2-204(2)(f.5) and (3)(c), C.R.S., the county clerk must treat the application as incomplete. But if the applicant submits a photocopy of his or her driver’s license or identification card, the county clerk must enter the ID number from the card into the applicant’s record and process the application as complete.

2.4.3      If an applicant fails to provide a date of birth, the county clerk must treat the application as incomplete. But if the applicant submits a photocopy of his or her driver’s license or other approved form of ID that includes the date of birth, the county clerk must enter that information into the applicant’s record and process the application as complete.

2.5         Changes to an elector’s existing voter registration record

2.5.1      If an elector submits a change to his or her voter registration record and fails to include the information required by sections 1-2-216 or 1-2-219, C.R.S., the county clerk may not make the requested change unless the county clerk can establish minimum matching criteria. If the county clerk cannot establish minimum matching criteria, the county clerk may not change the elector’s status and must notify the elector of the additional information that is required to process the request.

2.5.2      If an elector submits a change to his or her voter registration record and writes or selects a name of an organization that is not a qualified political party or qualified political organization, or writes "none", the elector’s affiliation must be recorded as "Unaffiliated".

2.5.3      If an elector submits a change to his or her voter registration record and leaves the affiliation or ballot preference section blank, the county clerk may not change the voter’s existing affiliation or ballot preference in the registration record.

2.5.4      If an unaffiliated elector who has already been mailed a primary election ballot packet submits an affiliation declaration, the county clerk must defer processing the affiliation change until after the primary election; except that an unaffiliated elector who appears in person to vote may affiliate and vote a party ballot if the county clerk has not received the elector’s voted mail ballot.

2.6         Changes to an elector’s voter registration status

2.6.1      An elector may update his or her inactive registration status to active status by submitting:

(a)          A signed written request, by mail, fax, or an email attachment;

(b)          An online voter registration application; or

(c)           An in-person request. [Section 1-2-605(4)(a), C.R.S.]

2.6.2      If an elector is unable to sign, another person must witness the elector’s mark. An elector may use a signature stamp because of age, disability, or other need. The stamp is treated as a signature and does not require a witness.

2.7         Minimum matching criteria

2.7.1      Except as provided in section 1-2-302.5, C.R.S., the county clerk may not transfer, consolidate, or cancel a voter registration record unless the applicable minimum matching criteria as set forth in sections 1-2-603 or 1-2-604, C.R.S., are met. If the minimum matching criteria are not met the county clerk must send a letter to the voter requesting confirmation of the missing or non-matching information in order to transfer, consolidate, or cancel the record.

2.7.2      A match of the name means a match of the full name, except that the following are sufficient to establish a match:

(a)          Common variations and nicknames in the first or middle name, e.g., Michael and Mike;

(b)          Explainable and documented change of name, including last name, e.g., maiden name and married name; and

(c)           Explainable and documented variations in suffix, except that the absence of a suffix in one of the records is not considered a variation. Examples of suffix variations that must be explained include junior in one record and III in another.

2.7.3      A match of the prior address means a match of the residential street address.

2.7.4      The county clerk may use the DMV Motor Voter database to verify prior name or residence address history for the purpose of meeting the minimum matching criteria. The county clerk must scan and retain the information in the elector’s record to document how the criteria were met.

2.8         Registration of homeless electors

2.8.1      For the purpose of voter registration residence, a homeless elector must identify a specific location that the applicant considers his or her home base in accordance with section 1-2-102(1)(a)(II), C.R.S.

2.8.2      For an elector whose home is in foreclosure, the elector may register to vote or remain registered to vote at the foreclosed address until the elector establishes a new permanent residence.

2.8.3      A post office box or general delivery at a post office is not a home base.

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.

2.10       A county clerk may cancel a registration record based upon information from a local law enforcement agency only if:

2.10.1    The information states that the individual is currently serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction; and

2.10.2    Minimum matching criteria outlined in Rule 2.7 are met.

2.11       During the 22 days before an election, the county clerk must defer processing undeliverable new voter notifications. After the election is closed, the clerk must determine an applicant “not registered” under section 1-2-509(3), C.R.S., only if the applicant did not vote in the election.

2.12       Voter registration confidentiality

2.12.1    Information about an agency’s name and location for an application completed at a voter registration agency or driver’s license office is confidential.

2.12.2    An elector may request his or her voter registration address be confidential under section 24-72-204(3.5), C.R.S., in person.

(a)          The elector must use the application provided by the Secretary of State and include his or her name, address, and birth date on the application.

(b)          The county clerk must not charge an additional processing fee if the elector changes his or her address.

2.12.3    Before precinct caucuses, the Secretary of State will provide to each major state political party a list of confidential voters, which includes only the information necessary to determine eligibility. The list will only be provided if the major party agrees in writing to limit and protect that data in accordance with Secretary of State requirements. This rule does not apply to records held confidential as part of the Address Confidentiality Program.

2.12.4    Registration of Address Confidentiality Program (ACP) electors

(a)          When an ACP participant registers to vote by mail, the participant must provide a copy of his/her ACP Authorization Card.

(b)          The county clerk must:

(1)          Use the actual residence address of the ACP elector for precinct designation.

(2)          Use the substitute address, as defined in section 24-30-2103(14), C.R.S., for all correspondence and mailings placed in the United States mail.

(3)          Keep the participant’s address, county, voting precinct, and split number confidential from the public.

(c)           A state or local government agency may request access to an ACP participant’s voter registration record using the process in section 24-30-2110, C.R.S.

(d)          Except as specifically provided by Part 21 of Article 30 of Title 24, C.R.S., a program participant’s actual address and telephone number is not a public record under Part 2 of Article 72 of Title 24, C.R.S.

2.13       List Maintenance under section 8 of the National Voter Registration Act of 1993

2.13.1    The Secretary of State will provide monthly National Change of Address (NCOA) data under section 1-2-302.5, C.R.S., to the county clerk by the fifth business day of each month.

(a)          The county must process the data to update registration records and send notifications in accordance with section 1-2-302.5, C.R.S., by the end of each month.

(b)          The county may not change a residential address to a non-residential address, like a post office box, based on the information in the NCOA data.

(c)           When the county updates a voter registration record using NCOA data, the county must use the NCOA transaction source.

2.13.2    In accordance with section 1-2-605(7), C.R.S., no later than 90 days following a General Election, the Department of State, working in conjunction with county clerks, will cancel the registrations of electors:

(a)          Whose records have been marked “Inactive – returned mail”, “Inactive – undeliverable ballot”, or “Inactive – NCOA”; and

(b)          Who have been mailed a confirmation card; and

(c)           Who have thereafter failed to vote in two consecutive general elections.

2.13.3    The Secretary of State will notify each county of the records cancelled in that county under section 1-2-605(7), C.R.S. once the cancellation is complete.

2.13.4    The county must process all records designated for cancellation by the Secretary of State:

(a)          Within 21 days of receipt; and

(b)          Before the county mails ballots throughout the election.

2.13.5    The county must process and mail all confirmation cards using SCORE so that the elector’s voter registration record audit log shows the date on which the county printed or extracted the confirmation card.

2.14       Voter registration at a voter service and polling center. A person registering voters or updating voter registration information in a voter service and polling center must:

2.14.1    Be an election judge, a permanent or temporary county employee, state employee, or temporary staff hired by the county clerk; and

2.14.2    Complete a training course provided by or approved by the Secretary of State.

2.15       Voter registration records and data

2.15.1    The SCORE system must retain digital images of voter registration applications in perpetuity in accordance with section 1-5-301, C.R.S.

2.15.2    Under section 24-21-104(3), C.R.S., the Secretary of State must charge a fee for voter information reports and related services. A request for elections data must be submitted using the Elections Data Request Form. The Secretary of State will provide the requested data after payment of the fee as outlined in the fee schedule on the Secretary’s website.

2.15.3    The county clerk of each county may charge fees for county voter information reports and related services, such as label printing provided by the centralized statewide registration system. But in accordance with federal requirements governing the use of federal funds, fees must not exceed county direct and indirect costs for providing such reports and services.

2.15.4    Without written authorization from the Secretary of State, the county clerk may not run or schedule to run SCORE reports or exports that include voter or election detail during regular business hours beginning 22 days before election day and from 7:00 am to 7:00 pm on election day. A county that uses an automated signature verification device may run the EXP-004 report during this time.

2.15.5    Custodianship of Voter Registration Information

(a)          The Secretary of State is the official custodian of the information contained in the centralized statewide registration system and the computerized statewide voter registration list created and maintained under section 1-2-301, C.R.S.

(b)          Each county clerk is the official custodian of the voter registration information only for electors within his or her county.

2.15.6    If a person requests a certificate of registration or other election record that contains personally identifiable information, he or she must provide a copy of identification as defined in section 1-1-104(19.5), C.R.S.

2.15.7    If a county receives information from a jurisdiction outside of Colorado indicating that a Colorado voter may have voted in more than one state in the same election, the county must send that information to the Secretary of State’s office for potential investigation and prosecution.

2.16       SCORE username and password administration

2.16.1    The state user administrator assigns county user administrator privileges to the individual designated in each county by the county clerk. The county clerk or election administrator must submit a request for county user administrator privilege to the state user administrator in writing. The request must specifically state the full name of the county employee that is being assigned as a county user administrator.

2.16.2    Each county is limited to two county user administrators. But a county clerk may apply to the Secretary of State for an additional county user administrator.

(a)          The application must be submitted by the county clerk in writing to the state user administrator and must state the full name of the county employee for which county user administrator privilege is being sought. The application must also state the specific reasons the county clerk is requesting the additional user administrator.

(b)          The state user administrator will notify the county clerk in writing whether the request is approved within five business days after receiving the application.

2.16.3    The county user administrator is responsible for security administration and must assign all access privileges, as well as usernames and passwords for county employees and temporary election workers.

(a)          For county employees, the county user administrator must assign a unique username in accordance with the naming conventions provided by the Secretary of State.

(b)          Passwords must be assigned by the county user administrator upon initial authorization and must be changed by users and maintained confidentially.

2.16.4    If a county employee or temporary election worker is no longer employed by the county, the county user administrator must immediately inactivate the username.

2.17       SCORE network security requirements

2.17.1    The county clerk must use only county-controlled access to networks with proper network security controls in place to access SCORE. The county may never use an open or shared public-use network to access SCORE.

(a)          All wireless networks must meet the following minimum requirements:

(1)          WPA2 or above security must be enabled;

(2)          Shared wireless passwords or secrets must be changed every three months, at a minimum; and

(3)          Wireless keys must be a minimum of 14 characters in length and must include at least one number and mixed case letters.

b)            All networks must employ proper security controls to ensure malicious users cannot connect to the network, intercept SCORE communications, or otherwise attack the SCORE system. These controls must include, at a minimum, network firewalls and securely configured network equipment to prevent common attack mechanisms.

2.17.2    All individuals who access the SCORE system must sign a SCORE Acceptable Use Policy (AUP) before the county provides a SCORE username.

(a)          The county clerk, county SCORE user-administrator, and county elections IT manager, if applicable, must submit their signed AUP to the Secretary of State.

(b)          The county clerk must retain the AUP for each individual who is assigned a SCORE username.

(1)          The Secretary of State will audit the county AUP records for each county selected for annual inspection of its voting system maintenance records under Rule 20.10.5.

(2)          The Secretary will suspend access to SCORE for any individual whose AUP is not on file with the county clerk.

2.17.3    If a federal agency notifies a county of a data breach of or a targeted attack on its county network or SCORE, or provides any other notice concerning an attack or potential attack on critical elections infrastructure, the county must notify the Secretary of State immediately using the contact information provided by the Secretary of State for this purpose. Counties that have physically or logically segmented their elections systems from county networks must only notify the Secretary of State of an elections-related data breach or targeted attack.

2.18       If an unaffiliated elector indicates a political party ballot preference at any time up to and including the twenty-second day before a primary election, the county clerk must record the selection in SCORE and mail only the ballot of that political party to the elector in the upcoming primary election. An elector’s political party ballot preference is only effective for a single primary election even if there is more than one primary election in a single year.

2.19       To assist state institutions of higher education comply with the requirements of Section 1-2- 213.5(1)(c), C.R.S., the Department of State will provide the Colorado Department of Higher Education with a template communication for enrolled students.

2.20       The county clerk must send the county’s precinct shape files or maps to the Secretary of State annually, no later than March 1. If the county clerk adjusts precinct boundaries under section 1-5- 103, C.R.S., the county must send the Secretary of State updated precinct shape files or maps within 30 days.

Public Voter Data and Information Requests FAQs

Q1: Does the Secretary of State post my personal voter information online?

A1: No. The Secretary of State is, however, required by law to maintain certain pieces of information about registered voters, and some of this information is considered a "public record."

The Secretary of State is also required by law to provide "public record" information to people who ask for it without regard to how these people might use the information.

Q2: Will the Secretary of State give out all of my personal information to anyone who requests it?

A2: No. Certain information you provide when registering to vote is considered confidential, and will NOT be released to a member of the public who requests it. This confidential information includes, your social security number, driver's license number, month and day of birth, signature, and email address.

Q3: What information in my voter record is considered a "public record"?

A3: Several pieces of information in your voter record are considered a "public record." The Secretary of State is required by law to provide this information to any member of the public who requests it. This information includes, your full name, residential address, political party affiliation and date of affiliation, phone number (if provided by the voter), gender identity (if provided by the voter), birth year, and information about whether you have voted in prior elections.

Q4: What can I do if I believe releasing this public information may put me or my family at risk?

A4: If you believe that you or a member of your household will be exposed to criminal harassment or bodily harm because your voter information is publicly available, you may elect to become a confidential voter. Confidential voters' voting information will NOT be released to the public. To become a confidential voter, you must go to your local county clerk and recorder's office, fill out a voter confidentiality form, and pay a $5.00 fee. Refer to this list of county clerk and recorder offices for the necessary contact information.

Survivors of domestic violence, sexual offenses, or stalking may also consider enrolling in the Colorado Address Confidentiality Program. Voters who are part of this program will NOT have any of their voter information released to the public.

Q5: Where can I obtain information on the number of registered voters in Colorado?

A5: The Secretary of State maintains some statistical summary information on current and historical voter registration. Please refer to the Voter Registration Statistics for more information.

Q6: Where can I find information about purchasing voter's information?

A6: The Secretary of State's website has a chart describing the types of information which is available, the frequency with which it can be provided, and the fees charged for the information. Please refer to the Elections Division Fee Schedule for the charges associated with obtaining this information.

Please contact your local county election official for county-specific requests.

Q7: Where can I find out which voters have received a mail ballot?

A7: All active registered voters receive a mail ballot. Local county election officials maintain voting records, conduct elections, and can provide reports and exports listing the voters who have received a ballot in their county.

Q8: Where can I find out which voters have voted their mail ballots?

A8: For countywide contests, all facets of mail ballot processing is completed by the local county election official. As such, all requests for countywide reports and exports should be directed to the local county election official.

For statewide contests, please refer to the Secretary of State's website for a chart describing the types of information which is available, the frequency with which the information can be provided, and the fees charged for the information. Please refer to the Elections Division Fee Schedule for the charges associated with obtaining this information.

Q9: Where can I find out which voters have voted at a Voter Service and Polling Center ("VSPC") location?

A9: For countywide contests, local county election officials oversee voting at VSPC locations. Election officials can provide reports or exports which portrays voters who voted in-person at selected VSPCs. The report is available after in-person voting begins through the close of the election.

For statewide contests, a chart describing what information is available, the frequency with which it can provided, and the fees charged for providing information is located on the Secretary of State's website. Please refer to the Elections Division Fee Schedule for the charges associated with obtaining this information.

Q10: How can I track voting on Election Day?

A10: For countywide contests, voter participation on Election Day is usually monitored by poll watchers at voting sites. This information may also be transmitted through updates from a local county election office. The best bet is to contact your local county election official for guidance.

For statewide contests, a chart describing what information is available, the frequency with which it can provided, and the fees charged for providing information is located on the Secretary of State's website. Please refer to the Elections Division Fee Schedule for the charges associated with obtaining this information.

Q11: If I am a member of the media can I obtain voter information at a reduced cost?

A11: Accredited representatives of media and academic institutions can receive data requests at a reduced cost from the Secretary of State. Please contact our Public Information Officer for specific details or requests.

Q12: How can I request bulk voter registration information?

A12: A chart describing what information is available, the frequency with which it can provided, and the fees charged for providing information is located on the Secretary of State's website. Please refer to the Elections Division Fee Schedule for the charges associated with obtaining this information.

Colorado Secretary of State | 1700 Broadway, Suite 550, Denver CO 80290 | 303-894-2200
https://www.sos.state.co.us/pubs/elections/FAQs/VoterRegistrationData.html

11.1       Voting system access

11.1.1    The designated election official must securely store election setup records. Only persons with the clerk’s written authorization may access the records.

11.1.2    The county clerk must deputize employees who are authorized to prepare or maintain the voting system or election setup records before the election.

11.1.3    In accordance with section 24-72-305.6, C.R.S., all permanent and temporary county staff and all vendor staff who have access to the voting system or any voting or counting equipment must pass a criminal background check. A person convicted of an election offense or an offense containing an element of fraud may not have access to a code, combination, password, or encryption key for the voting equipment, ballot storage area, counting room, or tabulation workstation.

11.2       Voting System Inventory

11.2.1    The designated election official must maintain an inventory record for each component of the voting system. The record must include the manufacturer, make, model, serial number, and date of acquisition.

11.2.2    The inventory must be in an electronic format and exportable to a comma separated value (CSV), Excel spreadsheet (XLS or XLSX), or quote or tab separated (TXT) file before delivery to the Secretary of State.

11.2.3    The designated election official must file a complete voting system inventory, noting which equipment will be used for the election with the Secretary of State no later than ten days before the election.

11.3       The clerk must perform a hardware diagnostic test and a logic and accuracy test.

11.3.1    Hardware Diagnostic Test

a)            The designated election official must perform the Hardware Diagnostic Test before the election on each device that the designated election official will use in the election, including spare or back up devices. The test must include the following devices and provide the following information:

1)            All input and output devices;

(2)          Communications ports;

(3)          System printers;

(4)          System modems when applicable;

(5)          System screen displays;

(6)          Boot performance and initializations;

(7)          Display of firmware or software hash value (MD5 or SHA-1) when possible;

(8)          Confirmation that screen displays are functioning;

(9)          Date, time and calibration of systems, if applicable; and

(10)        Scanner calibration, if applicable.

(b)          The designated election official must seal each device upon the successful completion of the test and retain documentation of the seal information and all records in accordance with section 1-7-802, C.R.S.

11.3.2    Logic and Accuracy Test

(a)          The county clerk must conduct the public Logic and Accuracy Test no later than the 21st day before election day.

(b)          The county must ensure that the Logic and Accuracy Test is open to the extent allowable in accordance with section 1-7-509(2)(b), C.R.S. The county clerk may limit the number of representatives from each group because of space limitations.

(c)           Preparing for the Logic and Accuracy Test

(1)          The county must prepare a test deck of ballots that includes every ballot style and, where applicable, precinct. The county test deck must include a sufficient number of ballots to mark every vote position for every contest including write-in candidates, allow for situations where a contest permits an elector to vote for two or more positions, and include overvotes and undervotes for each contest. The county test deck must include at least one write-in vote for each qualified write-in candidate so that all qualified write-in candidate names will appear in the LAT result uploaded to ENR as required by Rule 11.9.3. The county test deck must include ballots printed from a ballot-on-demand printer if a ballot-on- demand printer will be used in the upcoming election, and must include commercially printed ballots.

(2)          The county must convene a Testing Board of one registered elector from each of the major political parties. Testing Board members must be registered to vote in the county and be sworn in as election judges.

(3)          The county must provide at least 25 ballots that are clearly marked as test ballots to each Testing Board member.

(4)          Testing Board members must mark their test ballots following the instructions printed on the ballots and retain a record of the tally.

5)            The Testing Board must test the ballots on each type of voting device used in the election and each type of ballot including audio ballots.

d)            Conducting the Test

(1)          The county and Testing Board must observe the tabulation of all test ballots, compare the tabulation with the previously retained records of the test vote count, and correct any discrepancies before the device is used in the election.

(2)          The county must reset the public counter to zero on all devices and present the summary report to the Testing Board for verification.

(3)          The county must make an appropriate number of voting devices available and the Testing Board may witness the programming of devices necessary for the test.

(4)          The Testing Board and designated election official must count the test ballots as follows, as applicable:

(A)          Ballot Scanners:

(i)            The Testing Board must test at least one central count ballot scanner.

ii)            The Testing Board must randomly select the machines to test.

(iii)          The Testing Board must count the board and county’s test ballot batches separately and generate reports to verify that the machine count is identical to the predetermined tally.

(B)          Ballot Marking Devices (BMDs):

(i)            The Testing Board must randomly select and test at least one BMD.

(ii)           At least two members of the Testing Board must use the selected BMD to mark and print at least 25 ballots in the same manner that the testing board member manually marked his or her test ballots. At least two members of the Testing Board must mark at least one of his or her test ballots using the audio ballot playback and accessible input devices.

(iii)          A Testing Board member or county election official must separately scan and tabulate the test ballots marked with and printed from the BMD on one central count or polling location scanner, and generate a results report.

(iv)          Each Testing Board member must verify that the results report generated from the scanner exactly corresponds to the testing board member’s tally of the votes on the manually marked paper ballots comprising his or her test ballots.

(e)          Completing the test

(1)          The county must keep all test materials, when not in use, in a durable, secure box. Each member of the Testing Board must verify the seals and initial the chain-of-custody log maintained by the county clerk. If the records are opened for inspection, at least two election officials must verify the seals and initial the chain-of-custody log.

(2)          The county must backup and preserve the election database or project containing test results, and export and preserve the test results and CVR files. The county must prepare and preserve a ballot manifest corresponding to the test CVR file.

(3)          The county must upload the test results file during the ENR test required under Rule 11.9.3. The county must hash and upload the CVR and ballot manifest to the RLA software during the RLA practice period, as required under Rule 25.2.2(b).

(4)          After testing, the Testing Board must watch the county reset and seal each voting device, if applicable.

(5)          The Testing Board and the county clerk must sign a written statement attesting to the qualification of each device successfully tested, the number of the seal attached to the voting device at the end of the test, if applicable, any problems discovered, and any other documentation necessary to provide a full and accurate account of the condition of a given device.

(6)          The county may not change the programming of any voting device after completing the logic and accuracy test for an election, except as required to conduct a recount or as authorized by the Secretary of State.

11.4       A county that electronically tabulates election results must submit election setup records to the Secretary of State so that they are received no later than 5:00 p.m. on the seventh day before election day.

11.4.1    Election setup records must be in an electronic media format that is native to the jurisdiction’s specific ballot creation and tabulation system. Acceptable media formats include CD-ROM, DVD-ROM, or flash media.

11.4.2    the county must create a hash value using an SHA-256 algorithm of the setup records file and transmit the hash value to the Secretary of State by e-mail to voting.systems@sos.state.co.us

11.4.3    The designated election official must include a point of contact and method of contact (phone, email, etc.).

11.4.4    Within one business day of receipt of the election setup records, the Secretary of State’s office will contact the jurisdiction to confirm receipt.

11.4.5    The Secretary of State’s office will store the election setup records in a secured, limited- access location.

11.4.6    All parties must treat as confidential all escrowed materials and any other related information that comes into their possession, control, or custody.

11.5       The designated election official must retain all testing records and documentation for 25 months.

11.6       Rules Concerning Accessible Voting Systems. A political subdivision may not purchase or lease voting systems for use by people with disabilities unless the system is certified by the Secretary of State.

11.7       Rules Concerning Notice of Voting System Malfunction

11.7.1    The voting system provider must submit a software or hardware incident report to the Secretary of State no later than 72 hours after a software incident has occurred.

11.7.2    A vendor or designated election official must notify the Secretary of State within 24 hours of a reported or actual malfunction of its voting system. The notice must include a description, date, and the names of those who witnessed the malfunction, as well as the procedures followed before the malfunction, and any error messages displayed. The notice may be verbal, but a written notice must follow.

11.7.3    If the Secretary of State requires additional information the vendor or the designated election official must submit a report to the Secretary of State's office detailing the reprogramming, repair, or any other actions necessary to correct a voting system malfunction.

(a)          The report must address whether permanent changes are necessary to prevent similar malfunctions in the future.

(b)          If the malfunction requires a programming or election setup change to the database or other parts of the voting system, the designated election official must submit an updated election setup record to the Secretary of State’s office as set forth in Rule 11.4.

(c)           The report must be submitted within 30 days after the date of the request by the Secretary of State. If an election is scheduled within 60 days of the date of request by the Secretary of State, the Secretary of State may set an emergency deadline for filing the report.

(d)          Failure to submit a report within the required period is grounds to decertify the system.

(e)          The political subdivision holding the election in which the voting system malfunction occurred may submit the report in lieu of a report from the system's vendor.

(f)           A copy of this report will be on file in the Secretary of State's office.

(g)          The Secretary of State's office will distribute a copy of this report to all counties using the voting system in question.

11.8       Purchases and Contracts

11.8.1    In accordance with sections 1-5-617(5) and 1-5-623(3), C.R.S., a political subdivision may not purchase, lease, transfer, or use a certified electromechanical or electronic voting system, device, or related component, unless the political subdivision first applies for and obtains approval from the Secretary of State.

11.8.2    The Secretary of State will approve a political subdivision’s application to purchase, lease, or use the voting system, device, or related component, after considering all relevant factors, including without limitation:

(a)          Evaluations of the voting system performed by public committees organized by the secretary of state, and any recommendations regarding the use of the voting system by any such public committee;

(b)          The voting system’s ability to support the efficient and uniform conduct of elections under the uniform election code of 1992, as amended;

(c)           The voting system’s utilization of commercial off-the-shelf hardware components, rather than proprietary, purpose-built hardware components;

(d)          The voting system’s integration of its data management application, if any, with other components of its election management system, so that system users can operate or access all election management system components within a single interface on the same server or workstation;

(e)          The voting system’s ability to support efficient risk-limiting audits as required by section 1-7-515, C.R.S.;

(f)           The voting system’s compatibility with dependent systems that are not directly related to the tabulation of votes and ballots, but are nevertheless utilized by designated election officials in conducting elections in Colorado, including:

(1)          Ballot-on-demand systems,

(2)          Election Night Reporting systems,

(3)          Electronic ballot delivery systems,

(4)          Election definition data exported from SCORE; and

(5)          The Secretary of State’s RLA software.

(g)          The voting system’s ability to efficiently support elections principally conducted by mail ballot, in all political subdivisions, regardless of their size, number of registered electors, or fiscal resources, including:

(1)          The voting system’s inclusion of applications enabling election judges to digitally, rather than manually, adjudicate, resolve, and duplicate ballots with marginal or ambiguous voter markings, and

(2)          The voting system’s use of ballot scanners equipped with automatic document feeders, enabling election judges to scan multiple ballots rather than a single ballot at a time;

(h)          The voting system’s ability to enable voters with disabilities to vote independently and privately, and on the same or substantially similar devices throughout Colorado, without regard to their county of residence;

(i)            The voting system’s scalability and affordability, enabling all political subdivisions to utilize the same or substantially similar equipment, regardless of their size, number of registered voters, or fiscal resources;

(j)            The voting system’s portability as provided in the provider’s hardware and software license agreements, enabling political subdivisions that purchase, lease, or use the system to loan or borrow voting devices and related components to or from one another without charge, as exigencies and other circumstances warrant, and as approved by the Secretary of State;

(k)           The voting system’s ability to easily export images of voted ballots, in response to requests filed under section 24-72-205.5(3)-(4), C.R.S., of the Colorado Open Records Act;

(l)            The voting system provider’s past performance of successfully implementing its voting system in multiple jurisdictions simultaneously;

(m)         The voting system provider’s past performance of successfully training local election officials to use its voting system in multiple jurisdictions simultaneously;

(n)          The voting system provider’s past performance of post-implementation customer and technical support for political subdivisions that acquire its voting system;

(o)          The voting system provider’s past performance of compliance with Colorado law regarding voter anonymity, and responsiveness to other issues and concerns raised by designated election officials and Secretary of State staff members;

(p)          The voting system provider’s financial stability and sustainability as an ongoing business concern; and

(q)          The extent to which the voting system provider’s hardware and software license agreements permit the Secretary of State, or political subdivisions that license the hardware and software applications necessary to program elections and voting devices, to perform those services without charge for other political subdivisions that are licensed to use the voting system.

11.8.3    The Secretary of State will approve a county’s application for the purchase, lease, or use of an electromechanical or electronic voting system, device, or related component, certified after January 1, 2016, only if:

(a)          The voting system includes, and the county acquires, digital ballot resolution and adjudication capability;

(b)          The voting system includes, and the county acquires, central count ballot scanners equipped with automatic document feeders capable of scanning multiple ballots rather than a single ballot at a time;

(c)           The voting system integrates all components of the election management system, including the data management application, if any, into a single user interface that is operable or accessible from the same server or workstation;

(d)          The voting system is capable of supporting efficient risk-limiting audits, in the manner required by Rule 21.4.12;

(e)          The voting system is compatible with dependent systems that are not directly related to the tabulation of votes and ballots, but are nevertheless utilized by designated election officials in conducting elections in Colorado, including:

(1)          Ballot-on-demand systems,

(2)          Election Night Reporting systems,

(3)          Electronic ballot delivery systems,

(4)          Election definition data exported from SCORE, and

(5)          The Secretary of State’s RLA Software;

(f)           The voting system provider’s software and hardware license agreements expressly permit political subdivisions that purchase, lease, or use the system to loan or borrow voting devices and related components to or from one another, without charge, as exigencies and other circumstances warrant, and as approved by the Secretary of State; and

(g)          The voting system provider’s software and hardware license agreements expressly permit the Secretary of State, or political subdivisions that license the hardware and software applications necessary to program elections and voting devices, to perform those services without charge for other political subdivisions that are licensed to use the voting system.

11.8.4    Due to their unsuitability for risk-limiting audits, the Secretary of State will not approve a county’s application to purchase, lease or use a ballot scanner certified for use after January 1, 2016, that is not equipped with an automatic document feeder, whether intended for use by voters at polling locations, or by election judges at central count locations.

11.8.5    A political subdivision’s contract to purchase or lease a voting system under Rule 11.8.1 must provide for user training and preventative maintenance.

11.8.6      The Secretary of State will only approve a political subdivision’s application to purchase or lease a voting system or component if the voting system or component allows the designated election official to conduct elections in accordance with Colorado law, as amended.

11.8.7    The Secretary of State will maintain a list of all certified electromechanical or electronic voting systems, devices and related components, purchased, leased, or used by Colorado political subdivisions. The list will include, at minimum, the name of the jurisdiction, the name and version of the voting system, the date of acquisition, and the serial numbers of voting devices.

11.9       Election Night Reporting. The county must use the Secretary of State’s Election Night Reporting (ENR) system to report results for all primary, general, coordinated, and recall elections in accordance with this Rule.

11.9.1    A data entry county must upload a results data file to ENR containing the election results on the dates and times specified in Rules 11.9.3 through 11.9.5. The county must program its election database so that the results file exported from the voting system is formatted in accordance with the following requirements:

(a)          Contest names: Except as otherwise provided in subsections (1) – (3) of this Rule, the results file must contain the contest names as they are certified for the ballot.

(1)          For primary elections, the county must append to the end of the certified contest name the SCORE abbreviation of the political party affiliation of the candidates in the contest (e.g., “United States Senator – Dem,” “State Senator – District 21 – REP,” “County Treasurer – Lib,”).

(2)          For ballot measures other than judicial retention questions, the contest name must include the political subdivision that referred the measure to the ballot, the ballot measure type, and the number or letter as it appears on the ballot (e.g., “Adams County Ballot Issue 200,” “City of Brighton Ballot Question 5A,”).

(3)          For Judicial Retention Questions, the contest name must include the court and the title and last name of the justice or judge standing for retention (E.g., “Supreme Court – Justice Erickson,” “Court of Appeals – Judge Jones,” “1st Judicial District– Judge Smith,” “Adams County Court

– Judge Doe,”).

(b)          Contest order: Except as otherwise provided in subsections (1) – (4) of this Rule, the results file must list the contests in the same order as they are certified for the ballot.

(1)          For primary elections, the results file must list the contests in the order prescribed by section 1-5-403(5), C.R.S., with results for each contest grouped in alphabetical order of the abbreviated names of the participating major political parties, followed by the abbreviated names of participating minor political parties and qualified political organizations (e.g., “United States Senator – DEM,” “United States Senator – REP,” “United States Senator – GRN,” “United States Senator – LIB,” “United States Senator – UNI,”).

(2)          The results file must list ballot measures in the order certified by the Secretary of State, followed by the ballot measures certified by other participating political subdivisions in the order and using the numbering conventions specified in Rule 4.5.2(e).

(3)          A county using the Dominion, or Clear Ballot voting system must include and populate the contest sequence number field in its results files to define the order of contests on the ballot as required by this Rule.

(c)           Candidate names: The results file must include candidates’ names in proper case and include periods following initials (e.g., “John A. Smith”), and may not include the name or abbreviation of the candidate’s political party.

(d)          Precinct names: If a county reports results by precinct, its results file must only include the ten-digit precinct number from SCORE, followed by a dash and any split precinct indication (e.g., 1234567890-1).

e)            Provisional results: The results file must include a “provisional” precinct or counting group as a placeholder for separately reported provisional ballot results if required by section 1-8.5-110(2), C.R.S.

11.9.2    No later than 35 days before the election, a county must provide the following information to the Secretary of State:

(a)          A data entry county must email a sample or “zero” file. Except in the case of withdrawn or deceased candidates, a data entry county may not change or alter the election database or export file after submitting its zero file.

(b)          A manual entry county must send a list of all ballot content.

11.9.3    No later than 21 days before the election, a data entry county must upload the LAT results file to ENR. At a minimum, the LAT results file must contain the results of the complete county test deck required under Rule 11.3.2(c)(1).

11.9.4    Election night uploads. All counties other than manual entry counties must export or produce preliminary election results and upload them to the ENR system.:

(a)          While tabulating, counties must upload to the ENR system at a minimum:

(1)          After the close of polls but no later than 8:00 p.m.; and

(2)          No later than 9:00 p.m.

(b)          If the county believes it will be unable to meet the schedule outlined in this rule, it must contact the voting systems team before the deadline.

(c)           The Secretary of State may, at his or her discretion, waive or modify this rule.

11.9.5    A county must produce preliminary election results and upload them to the ENR system after counting is completed on election night, indicate in the ENR system that election night counting is completed, and notify the voting systems team by email that election night counting is completed.

11.9.6    Canvass upload. The county must export or produce official election results, and check the appropriate box in the ENR system to indicate that the canvass upload is complete, not later than close of business of the first business day after the statutory deadline for completing the canvass.

11.10     Reports or materials required by this Rule may be submitted to the voting systems team:

1.10.1    By delivery to:

Colorado Secretary of State Attn: Voting Systems
1700 Broadway – Suite 550
Denver, CO 80290

11.10.2 By email to:

voting.systems@sos.state.co.us

11.10.3 By Fax to:

303-869-4861