Powers and duties of secretary of state - penalty.

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(1) In addition to any other duties prescribed by law, the secretary of state has the following duties:

  1. To supervise the conduct of primary, general, congressional vacancy, and statewideballot issue elections in this state;

  2. To enforce the provisions of this code;

  3. With the assistance and advice of the attorney general, to make uniform

interpretations of this code;

  1. To coordinate the responsibilities of the state of Colorado under the federal "NationalVoter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq.;

  2. To serve as the chief state election official within the meaning of the federal "HelpAmerica 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:

  1. 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;

  2. To inspect, with or without the filing of a complaint by any person, and review thepractices 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;

  3. To employ, subject to section 13 of article XII of the state constitution, the personneldeemed necessary to efficiently carry out the powers and duties prescribed in this code;

  4. To enforce the provisions of this code by injunctive action brought by the attorneygeneral in the district court for the judicial district in which any violation occurs.

  1. Repealed.

  2. 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.

  3. The provisions of this section are enacted, pursuant to section 11 of article VII of thestate constitution, to secure the purity of elections and to guard against the abuses of the elective franchise.

  4. Repealed.

  5. No person while serving in the office of secretary of state shall serve as the highestranking 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.

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.


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