CO Temporary Rules (2020)
Rule/Regulation
SummaryA new temporary regulation in Colorado allows for certain elections petitions to be witnessed and notarized under the Governor's temporary authorization for remote notarization.
AffectsAll Colorado Notaries Public.
Changes
- Allows for the circulation of election petitions by mail or email.
- Provides that before the signer forms received via mail or email are given to a transcriber to be transcribed onto a petition section, a collector must sign and notarize the collector affidavit for that section.
- Provides that the collector affidavit may be notarized in the physical presence of a Notary or remotely from a Notary.
- Provides that notwithstanding Rule 5.2.2(a) of the remote Notary rule found at 8 CCR 1505-11, temporarily adopted on March 30, 2020, a collector affidavit notarized remotely must follow the procedures outlined in those rules except (a) the original affidavit must be physically sent to the remote Notary for notarization and the original returned to the collector following notarization; and (b) upon receipt, the Notary must affix the date on which the Notary witnessed the collector signing the affidavit.
- Provides that in the event that remote notarization is no longer allowed either through executive order or under the law, a collector affidavit may only be notarized in the physical presence of a Notary.
AnalysisThe COVID-19 pandemic has had a profound effect on the elections process in the United States in a presidential election year. Colorado, which has extensive elections statutes and rules governing Notaries Public, has adopted a rule allowing certain election petitions to be sent and collected by mail or email, and for the signatures on these petitions to be witnessed remotely. In addition, as the Changes section indicates, there is an affidavit that must be signed and sworn to or affirmed by the collector. That notarization may now be performed remotely under the Colorado Governor’s Executive Orders and emergency regulations. These regulations are supplemented by two additional rules: the original affidavit must be sent to the Notary performing the remote notarization and returned to the collector following notarization, and upon receiving the original affidavit, the Notary must affix the date on which the Notary witnessed the collector signing the affidavit.
To read the temporary rules, click Download PDF below.