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Clip's from the Clerk: Temporary Adoption of Election Rules - Voter Registration at County Jails

Clip’s from the Clerk
By Trish Gilbert
Saguache County Clerk & Recorder
 
TEMPORARY ADOPTION OF ELECTION RULES
Voter Registration at County Jails

New Election Rules are necessary to provide clear guidance to the public and county clerks concerning acceptable identification, voter registration at county jails, and ballot transmission to county jails and detention facilities. 

July 31, 2018

Statement of Basis, Purpose, and Specific Statutory Authority

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

I. Basis and Purpose: This statement explains amendments to the Colorado Secretary of State Election Rules. The amendments are intended to ensure uniform and proper administration, implementation, and enforcement of Federal and Colorado election laws, improve elections administration in Colorado, and increase the transparency and security of the election process.

II. Amendments to Rule 2.3.2(a) clarify acceptable government documents for identification. Specifically, new subsection (4) provides that a government document includes 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.

III. New Rule 2.19 establishes rules concerning registration of electors who are confined in a county jail or detention facility.

IV. New Rule 7.17 establishes requirements concerning ballot transmission to county jails and detention facilities.

                     Amendments to Rule 2.3. 2 concerning acceptable identification:

2.3.2 As used in section 1-1-1 04(19.5), C.R.S., government document means a document issued by a city, county, state, or federal government.

  • (a) A government document includes:
    • (4) WRITTEN CORRESPONDENCE FROM THE COUNTY SHERIFF OR HIS OR HER DESIGNEE TO THE COUNTY CLERK INDICATING THAT THE ELECTOR IS CONFINED IN A COUNTY JAIL OR DETENTION FACILITY.

                             New Rule 2. 19 concerning voter registration at county jails:

2.19 REGISTRATION OF ELECTORS WHO ARE CONFINED IN A COUNTY JAIL OR DETENTION FACILITY

2.19.1 BEFORE EACH ELECTION, BEGINNING WITH THE 2018 GENERAL ELECTION, THE COUNTY CLERK MUST MAKE EFFORTS TO COORDINATE WITH THE SHERIFF OR HIS OR HER DESIGNEE AT EACH COUNTY JAIL OR DETENTION CENTER IN THE COUNTY TO PROVIDE CONFINED ELIGIBLE INDIVIDUALS AN OPPORTUNITY TO REGISTER TO VOTE.

                             New Rule7.17 concerning ballot transmission to county jails and detention facilities:

7.17 BEGINNING IN THE 2018 GENERAL ELECTION, THE COUNTY CLERK MUST MAKE EFFORTS TO COORDINATE WITH THE SHERIFF OR HIS OR HER DESIGNEE AT EACH COUNTY JAIL OR DETENTION CENTER TO FACILITATE VOTING FOR ALL CONFINED ELIGIBLE ELECTORS.

7.17.1 THE COUNTY CLERK MUST DESCRIBE THE FOLLOWING IN ITS MAIL BALLOT PLAN:

  • HOW THE COUNTY CLERK WILL PROVIDE EACH COUNTY JAIL OR DETENTION CENTER VOTER INFORMATION MATERIALS CONSISTENT WITH MATERIALS PROVIDED TO NON-CONFINED ELIGIBLE ELECTORS, INCLUDING AT A MINIMUM A LIST OF ACCEPTABLE FORMS OF IDENTIFICATION UNDER SECTION1-1-104(19.5), C.R.S., AND THE INFORMATION REQUIRED BY SECTIONS 1-40-124.5 AND 1-40-125, C.R.S.
  • (B) THE PROCESS BY WHICH THE COUNTY CLERK AND THE SHERIFF OR HIS OR HER DESIGNEE WILL FACILITATE VOTER REGISTRATION, AND DELIVERY AND RETRIEVAL OF MAIL BALLOTS FOR CONFINED ELIGIBLE ELECTORS.

Effective Date of Adopted Rules

This new rule is immediately effective on a temporary basis.