CO Code § 1-1-107 (2021)
2021 Colorado Code|Title 1 - Elections|Article 1 - Elections Generally|Part 1 - Definitions and General Provisions|§ 1-1-107. Powers and Duties of Secretary of State - Penalty

  In addition to any other duties prescribed by law, the secretary of state has the following duties:   To supervise the conduct of primary, general, congressional vacancy, and statewide ballot issue elections in this state;    To enforce the provisions of this code;    With the assistance and advice of the attorney general, to make uniform interpretations of this code;    To coordinate the responsibilities of the state of Colorado under the federal “National Voter Registration Act of 1993”, 52 U.S.C. sec. 20501 et seq.;    To serve as the chief state election official within the meaning of the federal “Help America Vote Act of 2002”, 52 U.S.C. 20901 et seq., and, in that capacity, to coordinate the responsibilities of the state of Colorado under the federal act in accordance with the requirements of this code.       In addition to any other powers prescribed by law, the secretary of state has the following powers:   To promulgate, publish, and distribute, either in conjunction with copies of the election laws pursuant to section 1-1-108 or separately, such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws, including but not limited to rules establishing the amount of fees as provided in this code;    To inspect, with or without the filing of a complaint by any person, and review the practices and procedures of county clerk and recorders, their employees, and other election officials in the conduct of primary, general, and congressional vacancy elections and the registration of electors in this state;    To employ, subject to section 13 of article XII of the state constitution, the personnel deemed necessary to efficiently carry out the powers and duties prescribed in this code;    To enforce the provisions of this code by injunctive action brought by the attorney general in the district court for the judicial district in which any violation occurs.       Repealed.    Any other provision of law to the contrary notwithstanding, the office of the secretary of state, or the section or division administering the election laws of this state pursuant to this section, shall be open and available to the election officials and employees of the various political subdivisions conducting elections on each election day during the same hours that the polls are open for voting if the political subdivision has notified the office of the secretary of state that an election has been called and that the services of the office are desired.    The provisions of this section are enacted, pursuant to section 11 of article VII of the state constitution, to secure the purity of elections and to guard against the abuses of the elective franchise.    Repealed.    No person while serving in the office of secretary of state shall serve as the highest ranking official, whether actual or honorary, in the campaign of any candidate for federal or statewide office. This subsection (7) shall not apply to a campaign in which the secretary of state is the candidate.     History. Source: L. 92: Entire article R&RE, p. 632, § 1, effective January 1, 1993. L. 93: (1)(a) amended, p. 1395, § 4, effective July 1. L. 94: (1)(d) added, p. 1751, § 2, effective January 1, 1995. L. 95: (6) added, p. 179, § 1, effective April 7. L. 96: (3) repealed, p. 1775, § 84, effective July 1. L. 98: (2)(a) amended, p. 1317, § 3, effective June 1. L. 2001: (6) amended, p. 518, § 6, effective January 1, 2002. L. 2003: (1)(e) added and (6) repealed, p. 2065, §§ 2, 3, effective May 22. L. 2005: (7) added, p. 1393, § 2, effective June 6; (7) added, p. 1428, § 2, effective June 6. L. 2016: (1)(d), (1)(e), IP(2), and (2)(b) amended, (SB 16-142), ch. 173, p. 566, § 2, effective May 18; (1)(d) amended, (SB 16-189), ch. 210, p. 753, § 2, effective June 6.    Editor's note:   This section is similar to former § 1-1-106 as it existed prior to 1992.   ANNOTATION   Secretary of state's power to promulgate rules regarding elections is not without limits. Under this section, the secretary of state has the authority to promulgate rules necessary to ensure the proper administration of elections. But the secretary lacks authority to promulgate rules that conflict with statutory provisions. Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.   Adoption of 8 Colo. Code Regs. 1505-1, § 10.7.5, of the secretary of state's rules regarding the treatment of votes cast for ineligible candidates exceeded the secretary's rulemaking authority. As a rule of general applicability, the rule specifically contravenes § 1-4-1002 . The rule also contravenes the election code by permitting a designated election official to usurp the courts' express authority to determine issues regarding a candidate's eligibility that arise following certification to the ballot. The rule thus conflicts with the election code and is therefore void. Hanlen v. Gessler, 2014 CO 24, 333 P.3d 41.   Adoption of 8 Colo. Code Regs. 1505-6, § 9.3 of the secretary of state's rules concerning campaign and political finance requiring the name of the candidate unambiguously referred to in the electioneering communication to be included in the electioneering report was within the rulemaking authority of the secretary of state under § 9(1)(b) of article XXVIII of the state constitution and subsection (2)(a) of this section. Colo. Citizens for Ethics in Gov't v. Comm. for the Am. Dream, 187 P.3d 1207 (Colo. App. 2008).