(1)In addition to
any other duties prescribed by law, the secretary of state has the following duties:
(a)To supervise the conduct of primary, general, congressional vacancy, and
statewide ballot issue elections in this state;
(b)To enforce the provisions of this code;
(c)With the assistance and advice of the attorney general, to make uniform
interpretations of this code;
(d)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.; and
(e)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 acco Free access — add to your briefcase to read the full text and ask questions with AI
(1) In addition to
any other duties prescribed by law, the secretary of state has the following duties:
(a) To supervise the conduct of primary, general, congressional vacancy, and
statewide ballot issue elections in this state;
(b) To enforce the provisions of this code;
(c) With the assistance and advice of the attorney general, to make uniform
interpretations of this code;
(d) 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.; and
(e) 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.
(2) In addition to any other powers prescribed by law, the secretary of state
has the following powers:
(a) 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;
(b) 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;
(c) 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; and
(d) 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. Upon an enforcement action being brought pursuant to this subsection
(2)(d), the court shall expedite scheduling and the issuance of any orders such that
a final ruling is made within thirty days of the action being filed. The court may
continue the action beyond thirty days upon the motion of any party and upon a
showing of good cause. The district court proceedings may be reviewed and finally
adjudicated by the supreme court of this state if either party makes application to
the supreme court within three days after the district court proceedings are
terminated, unless the supreme court, in its discretion, declines jurisdiction of the
case. The supreme court shall expedite scheduling and the issuance of any orders
such that a final ruling is made within fourteen days of an appeal being filed. If the
supreme court declines to review the proceedings, the decision of the district court
is final and not subject to further appellate review.
(3) Repealed.
(4) 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.
(5) 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.
(6) Repealed.
(7) 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.
(8) The office of the secretary of state shall create training materials for
county clerks and recorders to use to provide training and technical assistance to
the individual designated by the sheriff pursuant to section 30-10-529 to facilitate
voting for confined eligible electors at a county jail or detention center.
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. L. 2022: (2)(d) amended,
(SB 22-153), ch. 322, p. 2277, � 4, effective June 2. L. 2024: (8) added, (SB 24-072),
ch. 298, p. 2031, � 1, effective May 31.