8 Colo. Code Regs. § 1505-1-8
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 8 CCR 1505-1-8 - [Effective 1/7/2025] Watchers8.1 A watcher must affirm that they are qualified to act as a watcher under Colorado law. The county clerk must accept the appointment of all eligible watchers duly certified by a political party, candidate, or issue committee under sections 1-1-104(51), 1-7-105, 1-7-106, or 1-7-107, C.R.S. 8.1.1 The registered agent or designated filing agent for an issue committee is the authorized representative to appoint watchers for the issue committee.8.1.2 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.8.1.3 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.8.1.4 A designated watcher need not be a resident of the county they are designated in as long as they are an eligible elector in the State of Colorado.8.1.5 The county clerk must confirm a watcher's eligibility before allowing the watcher to perform his or her duties. If the county clerk is unable to confirm the watcher's eligibility, the clerk must promptly inform the appointing entity.8.1.6 A watcher may provide a copy of his or her current registration record from the Secretary of State's website with the Certificate of Appointment to satisfy the eligibility-confirmation requirement.8.1.7 A watcher for an issue committee may provide a TRACER print-out of the issue committee registration with the Certificate of Appointment to show that the person appointing the watcher is permitted to appoint under Rule 8.1.1.8.1.8 A watcher must complete a training provided by or approved by the Secretary of State before observing election activities where confidential or personally identifiable information may be within view or before observing voters dropping ballots off at a drop box. To verify completion of the training, a watcher must provide his or her training certificate of completion with the Certificate of Appointment. A training certificate of completion is valid until December 31 of that calendar year. An approved training may be used for one calendar year from the date approved.8.1.9 Watchers who wish to observe voters dropping ballots off at a drop box must first submit their Certificate of Appointment and proof of completion of training to the county clerk's central office. The certificate of completion must list the drop box locations the watcher intends to observe and the dates and times the watcher intends to observe them.8.2 Interested parties may appoint and certify watchers to observe recall elections held under Article 12, Title I, C.R.S., in accordance with sections 1-7-106 and 1-7-107, C.R.S.8.3 A political party attorney may not be in the polling location unless he or she is a duly appointed watcher or is casting his or her ballot.8.4 A watcher may be certified to observe more than one location in which the county is conducting election activities. A watcher must present a Certificate of Appointment at each location where the watcher is designated to observe, unless the county clerk has established an alternate process. 8.4.1 If a watcher leaves a location but returns to the same location, another certificate of appointment is not necessary.8.4.2 A new watcher who is replacing an original watcher must provide his or her certificate of appointment for that polling location.8.4.3 A certificate of appointment as a watcher is not transferable to another individual.8.4.4 In addition to the requirements of Rule 8.1.6, a watcher who has been appointed to watch a drop box must present a Certificate of Appointment:(a) To the supervisor election judge of a voter service and polling center that is open, if the drop box is located within or outside the building where the voter service and polling center is located;(b) To the county clerk if the drop box is located outside the clerk's office; or(c) To the county clerk if the drop box is located in any other location not listed in subsections (b) or (c).8.5 A watcher must take the oath described in section 1-7-108(1), C.R.S:8.6 Removal of Watchers. 8.6.1 A county clerk or his or her designee may remove a watcher upon finding that the watcher: (a) Committed or encouraged fraud in connection with his or her duties;(b) Violated any of the limitations outlined in Rule 8.14;(c) Violated his or her oath; or(d) Was abusive or threatening toward election officials or voters.8.6.2 Upon removal of a watcher, the county clerk must inform the political party, candidate, or committee who appointed the watcher.8.6.3 A removed watcher may be replaced by an alternate watcher duly certified in accordance with sections 1-7-105, 1-7-106, or 1-7-107, C.R.S.8.7 The county clerk must submit a watcher accommodation plan to the Secretary of State by email using the approved form no later than 90 days before an election. 8.7.1 Watchers may be present at each stage of the conduct of the election, including when electors are voting or when election judges are present and performing election activities.8.7.2 The county clerk must provide, and identify in some manner, at least one primary contact for watchers at each location where election activities are performed when watchers are present.8.7.3 At voter service and polling centers, the designated election official must position the voting equipment, voting booths, and the ballot box so that they are in plain view of the election officials and watchers.8.7.4 Watchers must remain outside the immediate voting area while an elector is voting. The six-foot limit in Rule 1.1.35 applies only to voting and dropping ballots off at a drop box.8.8 The minimum number of watchers the county clerk must accommodate for each appointing entity in a nonpartisan, coordinated election is as follows:8.8.1 In a central count facility, one watcher per central count process, but in any case not less than one watcher for every ten election judges.8.8.2 During signature verification, one watcher for every four election judges.8.8.3 At each voter service and polling center, one watcher, or one watcher per voter service and polling center process.8.8.4 At each ballot drop box, one watcher.8.8.5 The number of watchers permitted in any room at one time is subject to space limitations and local safety codes.8.9 Observation of off-site activity 8.9.1 A watcher may observe election activities at a group residential facility, as defined in section 1-1-104 (18.5), C.R.S., only if the watcher contacts the county clerk beforehand to arrange the time and location. While at a group residential facility, a watcher must maintain an adequate distance from the elector so the elector may mark or receive assistance marking his or her ballot in private. A watcher may not enter a voter's private room or apartment unless the voter consents.8.9.2 If permitted by the county clerk and county sheriff, a watcher may observe election activities inside a county jail or detention center. If permitted to attend those activities, the watcher must follow all rules and procedures prescribed by the county clerk and county sheriff. Those rules and procedures prescribed by the clerk and sheriff may be different than those rules in place for watchers watching other election activity.8.10 Watchers are subject to the provisions of section 1-5-503, C.R.S. 8.10.1 A watcher may witness and verify activities described in Title 1, C.R.S. If election officials are conducting election activities in separate rooms or areas of a building or buildings, the county clerk must allow additional watchers to observe and verify each separate activity in each room or area in the building or buildings.8.10.2 Watchers must be permitted access that would allow them to attest to the accuracy of election-related activities. This includes personal visual access at a reasonable proximity to read documents, writings or electronic screens and reasonable proximity to hear election-related discussions between election judges and electors. (a) Election activities include: (1) Setup and breakdown of voter service and polling centers.(2) Voter check-in and registration activities.(3) Ballot receipt and processing, including ballot drop-off at a drop box.(4) Signature verification of mail ballot envelopes.(7) The post-election audit.(8) Provisional ballot processing.(9) UOCAVA ballot processing.(12) Ballot printing and mailing preparation that occur at the county clerk's office.(b) Witness and verify means to personally observe actions of election officials in each step of the conduct of an election.(c) Individuals allowed to attend the logic and accuracy test under section 1-7-509(2), C.R.S., do not need to be credentialed as watchers. The county clerk may limit attendance to the logic and accuracy test subject to space limitations and local safety codes.(d) During a recount, the county clerk must give priority to watchers appointed by the candidates, political parties, or proponents or opponents of a ballot issue or question who are the subject of the recount to attend the recount activities. Other candidates, parties, or proponents or opponents of a ballot issue or question authorized to appoint watchers for that election may also be allowed access to recount activities if their presence watching that activity will not result in space limitations or local safety codes being exceeded, as determined by the county clerk.(e) The county clerk must allow a watcher to possess a mobile phone to send or receive text messages while watching election activities as long as the watcher is not located where personally identifiable information is within view as required by section 1-7-108(4), C.R.S.37 CR 19, October 10,2014, effective 10/30/201438 CR 17, September 10, 2015, effective 9/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 17, September 10, 2016, effective 9/30/201640 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-1.1.3140 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-1.1.4940 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1040 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1140 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1240 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.1340 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.540 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.640 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.740 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.840 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-10.940 CR 17, September 10, 2017, effective 9/30/2017Renumbered from 8 CCR 1505-1-11.340 CR 17, September 10, 2017, effective 9/30/2017Renumbered to 8 CCR 1505-1-1.1.3240 CR 17, September 10, 2017, effective 9/30/2017Renumbered to 8 CCR 1505-1-1.1.5140 CR 17, September 10, 2017, effective 9/30/201741 CR 01, January 10, 2018, effective 1/30/201841 CR 08, April 25, 2018, effective 5/15/201841 CR 18, September 25, 2018, effective 10/15/201842 CR 18, September 25, 2019, effective 10/15/201943 CR 05, March 10, 2020, effective 2/3/202043 CR 15, August 10, 2020, effective 8/30/202044 CR 18, September 25, 2021, effective 10/15/202145 CR 15, August 10, 2022, effective 8/30/202246 CR 09, May 10, 2023, effective 5/30/202346 CR 20, October 25, 2023, effective 9/22/2023 exp. 1/20/2024 (Emergency)46 CR 20, October 25, 2023, effective 11/14/202347 CR 19, October 10, 2024, effective 9/9/2024, exp. 1/7/2025 (Emergency)47 CR 19, October 10, 2024, effective 10/30/2024