(1)The secretary may
exercise such powers and perform such duties as reasonably necessary to ensure
that the state is compliant with all requirements imposed upon it pursuant to HAVA
to be eligible on a timely basis for all federal funds made available to the state
under HAVA, including, without limitation, the power and duty to:
(a)Develop and require education and training programs and related
services for state, county, and local election officials involved in the conduct of
elections;
(b)Promulgate, oversee, and implement changes in the statewide voter
registration system as specified in part 3 of article 2 of this title;
(c)Establish a uniform administrative complaint procedure in accordance
with the requirements of section 1-1.5-105;
(d)Issue appropriate orders to co
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(1) The secretary may
exercise such powers and perform such duties as reasonably necessary to ensure
that the state is compliant with all requirements imposed upon it pursuant to HAVA
to be eligible on a timely basis for all federal funds made available to the state
under HAVA, including, without limitation, the power and duty to:
(a) Develop and require education and training programs and related
services for state, county, and local election officials involved in the conduct of
elections;
(b) Promulgate, oversee, and implement changes in the statewide voter
registration system as specified in part 3 of article 2 of this title;
(c) Establish a uniform administrative complaint procedure in accordance
with the requirements of section 1-1.5-105;
(d) Issue appropriate orders to county or local election officials in connection
with the proper administration, implementation, and enforcement of the federal act,
which orders shall be enforceable in a court of competent jurisdiction;
(e) Promulgate rules in accordance with the requirements of article 4 of title
24, C.R.S., as the secretary finds necessary for the proper administration,
implementation, and enforcement of HAVA and of this article; and
(f) Exercise any other powers or perform any other duties that are consistent
with this article and that are reasonably necessary for the proper administration,
implementation, and enforcement of HAVA and that will improve the conduct of
elections in the state in conformity with HAVA.
(2) (a) Acting either upon his or her own initiative or upon a complaint
submitted to him or her giving the secretary reasonable grounds to believe that an
election in this state is not being conducted in accordance with the requirements of
HAVA or of this code, the secretary may investigate the allegation of
noncompliance. In connection with such an investigation, the secretary may:
(I) Compel the testimony of witnesses and the production of documents from
any state, county, or local official involved in the conduct of the election; and
(II) Send one or more official election observers to any county in the state to
examine the conduct of any aspect of any election giving rise to the allegation of
noncompliance. The clerk and recorder of the county in which the allegation of
noncompliance arises shall assume the costs associated with the travel and other
expenses of any observers sent to the county pursuant to this subparagraph (II)
where the secretary has reasonable grounds to believe that the election is not
being conducted in accordance with the requirements of HAVA or of this code.
(b) In order to satisfy the requirements of this subsection (2), the secretary
may require that each county designate not less than three persons experienced in
the conduct of elections to form a pool of official election observers.
(3) With the exception of a complaint brought under section 1-1.5-105 to
remedy an alleged violation of HAVA, any interested party that has reasonable
grounds to believe that an election is not being conducted in conformity with the
requirements of this code may apply to the district court in the judicial district in
which the allegation of noncompliance arises for an order giving the secretary
access to all pertinent election records used in conducting the election and
requesting the secretary to conduct the election.
(4) The secretary shall seek the full amount of funds available to the state
under HAVA for distribution to the counties in accordance with HAVA.