Section 1-1-107 - Powers and duties of secretary of state - penalty(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.(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.(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.Amended by 2024 Ch. 298,§ 1, eff. 5/31/2024, app. to elections that are conducted on or after 5/31/2024.Amended by 2022 Ch. 322, § 4, eff. 6/2/2022.Amended by 2016 Ch. 210, § 2, eff. 6/6/2016.Amended by 2016 Ch. 173, § 2, eff. 5/18/2016.L. 92: Entire article R&RE, p. 632, § 1, effective 1/1/1993. L. 93: (1)(a) amended, p. 1395, § 4, effective July 1. L. 94: (1)(d) added, p. 1751, § 2, effective 1/1/1995. 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 1/1/2002. 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.(1) This section is similar to former § 1-1-106 as it existed prior to 1992.
(2) Section 6 of chapter 298 (SB 24-072), Session Laws of Colorado 2024, provides that the act changing this section applies to elections that are conducted on or after May 31, 2024.
For the short title ("Colorado Election Security Act") and the legislative declaration in SB 22-153, see sections 1 and 2 of chapter 322, Session Laws of Colorado 2022.