2019 Colorado Revised Statutes
Title 1 - Elections


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Colorado Revised Statutes 2019 TITLE 1 ELECTIONS Editor's note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor's notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index. Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see §§ 32-1-906, 32-1-907; for provisions relating to initiative and referendum, see article 40 of this title; for campaign finance, see article 45 of this title. GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS ARTICLE 1 Elections Generally Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. Colorado Revised Statutes 2019 Page 1 of 513 Uncertified Printout Law reviews: For a discussion of a Tenth Circuit decision dealing with elections, see 66 Den. U.L. Rev. 757 (1989); for article, "Psst-There's a New Election Code", see 22 Colo. Law. 1703 (1993); for article, "Hey, They Revised the Election Code Again!", see 23 Colo. Law. 1821 (1994); for article, "Yes, Even More Election Code Revisions", see 24 Colo. Law. 1803 (1995); for article, "Fill in the Blank: More ____ Election Code Revisions", see 25 Colo. Law. 93 (Aug. 1996); for article, "Wow, What a Surprise! Still More Election Code Revisions", see 26 Colo. Law. 77 (Aug. 1997); for article, "Florida Fallout and Other Colorado Election Law Amendments of 2002", see 31 Colo. Law. 63 (Aug. 2002). PART 1 DEFINITIONS AND GENERAL PROVISIONS 1-1-101. Short title. Articles 1 to 13 of this title shall be known and may be cited as the "Uniform Election Code of 1992"; within these articles, "this code" means the "Uniform Election Code of 1992". Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993. Editor's note: This section is similar to former § 1-1-101 as it existed prior to 1992. 1-1-102. Applicability. (1) This code applies to all general, primary, congressional vacancy, school district, special district, ballot issue, and other authorized elections unless otherwise provided by this code. This code applies to any municipal election conducted as part of a coordinated election except to the extent that this code conflicts with a specific charter provision. Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of this code in lieu of the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., with respect to any election. (2) For elections that must be coordinated pursuant to section 20 (3)(b) of article X of the Colorado constitution where the enabling legislation does not require that the electors be registered electors, the political subdivision may conduct its elections pursuant to the enabling legislation but it must assure that the notice required by part 9 of article 7 of this title is provided to the election official responsible for publishing the ballot issue notice. Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1393, § 1, effective July 1. L. 94: (2) amended, p. 1149, § 1, effective July 1. Editor's note: This section is similar to former § 1-1-102 as it existed prior to 1992. Cross references: For the definitions of "general election", "primary election", and "congressional vacancy election", see §§ 1-1-104 (17), 1-1-104 (32), and 1-1-104 (5), respectively. Colorado Revised Statutes 2019 Page 2 of 513 Uncertified Printout 1-1-103. Election code liberally construed. (1) This code shall be liberally construed so that all eligible electors may be permitted to vote and those who are not eligible electors may be kept from voting in order to prevent fraud and corruption in elections. (2) It is also the intent of the general assembly that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance. (3) Substantial compliance with the provisions or intent of this code shall be all that is required for the proper conduct of an election to which this code applies. Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993. L. 96: (1) amended and (3) added, p. 1732, § 1, effective July 1. Editor's note: This section is similar to former § 1-1-103 as it existed prior to 1992. 1-1-104. Definitions. As used in this code, unless the context otherwise requires: (1) "Abstract of votes cast" means a certified record of the results in each election for candidates for any office, ballot issue, or ballot question that the county clerk and recorder certified for the ballot. (1.1) "Address of record" means the elector's place of residence or the elector's deliverable mailing address, if different from the elector's place of residence. (1.2) "Affiliation" means an elector's decision to affiliate with either a political party or a political organization, as defined in subsections (24) and (25) of this section. (1.3) "Assembly" means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of designating candidates for nominations. (1.5) "Authorizing legislation" means the provisions of the state constitution or statutes or of a local charter authorizing the existence and powers of a political subdivision and providing for the call and conduct of the political subdivision's election. (1.7) "Ballot" means the list of all candidates, ballot issues, and ballot questions upon which an eligible elector is entitled to vote at an election. (2) "Ballot box" means the locked and sealed container in which ballots are deposited by eligible electors. The term includes the container in which ballots are transferred from a polling location to the office of the designated election official and the transfer case in which electronic ballot cards and paper tapes and the "prom" or any other electronic tabulation device are sealed by election judges for transfer to the central counting center. (2.1) "Ballot card" means the card, tape, or other vehicle on which an elector's votes are recorded in an electronic or electromechanical voting system. (2.3) "Ballot issue" means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1-41-102 (4) and 1-41-103 (4), respectively. (2.5) "Ballot issue notice" means the notice which is required by section 20 (3)(b) of article X of the state constitution and comprises the material between the notice title and the conclusion of the summary of comments. Colorado Revised Statutes 2019 Page 3 of 513 Uncertified Printout (2.7) "Ballot question" means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. (2.8) "Confirmation card" means a communication mailed from a county clerk and recorder to an elector pursuant to section 1-2-302.5 (2)(b)(III), 1-2-509 (3)(b)(III), or 1-2-605, which card must: (a) Be mailed to the elector's address of record; (b) Be sent by forwardable mail; (c) Comply with all relevant requirements of the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; and (d) Include a postage-prepaid, preaddressed form by which the elector may verify or correct his or her address information. (3) (Deleted by amendment, L. 94, p. 1750, § 1, effective January 1, 1995.) (4) (Deleted by amendment, L. 93, p. 1394, § 2, effective July 1, 1993.) (5) "Congressional vacancy election" means an election held at a time other than the general election for the purpose of filling a vacancy in an unexpired term of a representative in congress. (6) "Convention" means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of selecting delegates to other political conventions, including national conventions, making nominations for presidential electors, or nominating candidates to fill vacancies in unexpired terms of representatives in congress or held for other political functions not otherwise covered in this code. (6.5) "Coordinated election" means an election where more than one political subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions. (7) "County" includes a city and county. (7.5) "Deliverable mailing address" means the elector's mailing address if different from the elector's address of record as specified in accordance with section 1-2-204 (2)(f). (8) "Designated election official" means the member of a governing board, secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election. (9) "District captain" or "district co-captain" means any registered elector who is a resident of the district, is affiliated with a political party, and is designated or elected pursuant to political party rules of the county. (9.5) "District office of state concern" means those elective offices, involving congressional districts or unique political subdivisions with territory in more than one county and with their own enabling legislation, as identified by rules of the secretary of state based upon the method for designating candidates for office and responsibility for identification and qualification of candidates. (9.6) "Driver's license" means any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles and any identification card issued under part 4 of article 2 of title 42, C.R.S. Colorado Revised Statutes 2019 Page 4 of 513 Uncertified Printout (9.7) "Drop box" means a secure receptacle established to receive mail ballots twentyfour hours a day. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop-off location. (9.8) "Drop-off location" means a location established for the receipt of mail ballots under the supervision of a municipal clerk, election judges, a county clerk and recorder or a member of the county clerk and recorder's staff, a designated election official, or another person designated by the designated election official as required by this code. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop box. (10) "Election official" means any county clerk and recorder, election judge, member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code. (11) "Election records" includes accounting forms, certificates of registration, pollbooks, certificates of election, signature cards, all affidavits, voter applications, other voter lists and records, mail ballot return envelopes, voted ballots, unused ballots, spoiled ballots, and replacement ballots. (12) "Elector" means a person who is legally qualified to vote in this state. The related terms "eligible elector", "registered elector", and "taxpaying elector" are separately defined in this section. (13) "Elector registration information changes" means changes in the name, address, or political affiliation of a registered elector which are allowed by the provisions of this code. (13.5) "Electromechanical voting system" means a system in which an elector votes using a device for marking a ballot card using ink or another visible substance and the votes are counted with electronic vote-tabulating equipment. The term includes a system in which votes are recorded electronically within the equipment on paper tape and are recorded simultaneously on an electronic device that permits tabulation at a counting center. As used in part 6 of article 5 of this title, "electromechanical voting system" shall include a paper-based voting system. (14) "Electronic vote-tabulating equipment" or "electronic vote-counting equipment" means any apparatus that examines and records votes automatically and tabulates the result, including but not limited to optical scanning equipment. The term includes any apparatus that counts votes electronically and tabulates the results simultaneously on a paper tape within the apparatus, that uses an electronic device to store the tabulation results, and that has the capability to transmit the votes into a central processing unit for purposes of a printout and an official count. (14.5) "Electronic voting device" means a device by which votes are recorded electronically, including a touchscreen system. (15) Repealed. (15.5) "Electronic voting system" means a system in which an elector votes using an electronic voting device. (16) "Eligible elector" means a person who meets the specific requirements for voting at a specific election or for a specific candidate, ballot question, or ballot issue. If no specific provisions are given, an eligible elector shall be a registered elector, as defined in subsection (35) of this section. Colorado Revised Statutes 2019 Page 5 of 513 Uncertified Printout (16.5) "Federally accredited laboratory" means a laboratory certified under section 231 of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq., or any successor section. (17) "General election" means the election held on the Tuesday succeeding the first Monday of November in each even-numbered year. (18) "Governing body" means a board of county commissioners, a city council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election. (18.5) "Group residential facility" means a nursing home, a nursing care facility licensed pursuant to part 1 of article 3 of title 25, a home for persons with intellectual and developmental disabilities as defined in section 25.5-10-202, an assisted living residence licensed pursuant to section 25-27-105, or a residential treatment facility for persons with behavioral or mental health disorders. (19) "Gubernatorial" means and refers to voting in general elections for the office of governor. (19.5) (a) "Identification" means: (I) A valid Colorado driver's license, except a license issued under part 5 of article 2 of title 42, C.R.S.; (II) A valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S.; (III) A valid United States passport; (IV) A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state; (V) A valid pilot's license issued by the federal aviation administration or other authorized agency of the United States; (VI) A valid United States military identification card with a photograph of the eligible elector; (VII) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector; (VIII) A valid medicare or medicaid card issued by the United States health care financing administration; (IX) A certified copy of a birth certificate for the elector issued in the United States; (X) Certified documentation of naturalization; (XI) A valid student identification card with a photograph of the eligible elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102 (5), C.R.S.; (XII) A valid veteran identification card issued by the United States department of veterans affairs veterans health administration with a photograph of the eligible elector; or (XIII) A valid identification card issued by a federally recognized tribal government certifying tribal membership. (b) Any form of identification indicated in paragraph (a) of this subsection (19.5) that shows the address of the eligible elector shall be considered identification only if the address is in the state of Colorado. Colorado Revised Statutes 2019 Page 6 of 513 Uncertified Printout (c) Verification that a voter is a resident of a group residential facility, as defined in subsection (18.5) of this section, shall be considered sufficient identification for the purposes of section 1-7-110 (1). (d) Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5. (20) "Joint candidates" means the two candidates for the office of governor and the office of lieutenant governor for whom one vote cast at any general election is applicable to both offices. (21) (Deleted by amendment, L. 93, p. 1394, § 2, effective July 1, 1993.) (22) "Major political party" means any political party that at the last preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast. (22.5) "Major political party affiliation" means an elector's decision to affiliate with a major political party, as defined in subsection (22) of this section. (22.7) "Manual count" means a count conducted by hand or by scanning a bar code. (23) "Minor political party" means a political party other than a major political party that satisfies one of the conditions set forth in section 1-4-1303 (1) or has submitted a sufficient petition in accordance with section 1-4-1302. (23.3) "Nonpartisan election" means an election that is not a partisan election. (23.4) "Overvote" means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue. (23.5) "Paper-based voting system" means an electromechanical voting system in which the elector's vote is recorded solely on a paper ballot. (23.6) "Partisan election" means an election in which the names of the candidates are printed on the ballot along with their affiliation. The existence of a partisan election for the state or for a political subdivision as a part of a coordinated election does not cause an otherwise nonpartisan election of another political subdivision to become a partisan election. (24) "Political organization" means any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office. (25) "Political party" means either a major political party or a minor political party. (26) "Political party district" means an area within a county composed of contiguous whole election precincts, as designated by the political party county chairperson. (27) "Pollbook" means the list, maintained in the statewide voter registration system created in section 1-2-301, of eligible electors who are permitted to vote at a polling location or by mail ballot in an election conducted under this code. (27.5) "Polling location" means a polling place or a voter service and polling center, as applicable. (28) Repealed. (29) "Population" means population as determined by the latest federal census. (29.5) "Post office box" means a compartment on the premises of a central mailing location, whether the location is administered by the United States postal service or a Colorado Revised Statutes 2019 Page 7 of 513 Uncertified Printout commercial mail service entity, in which a patron's incoming mail is held until collected by the patron. (30) "Precinct" means an area with established boundaries within a political subdivision used to establish election districts. (31) "Precinct caucus" means a meeting of registered electors of a precinct who are eligible to participate in accordance with the provisions of section 1-3-101, such meeting being organized in accordance with the rules and regulations of the political party. (31.5) "Presidential election" means an election held on the first Tuesday after the first Monday in November of an even-numbered year in which the names of candidates for president of the United States appear on the ballot. (32) "Primary election" means the election held on the last Tuesday in June of each even-numbered year. (33) "Property owners list" means the list furnished by the county assessor in accordance with section 1-5-304 showing each property owner within the subdivision, as shown on a deed or contract of record. (33.5) "Public assistance" includes, but is not necessarily limited to, assistance provided under the following programs: (a) The food stamp program, as provided in part 3 of article 2 of title 26, C.R.S.; (b) Programs established pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.; (c) The special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786; (d) Assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S. (34) "Publication" means printing one time, in one newspaper of general circulation in the political subdivision if there is such a newspaper, and, if not, then in a newspaper in the county in which the political subdivision is located. For a political subdivision with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the political subdivision, then one publication is required in a newspaper in each county in which the political subdivision is located and in which the political subdivision also has fifty or more eligible electors. (34.2) "Purchase" means to enter into a contract for the purchase, lease, rental, or other acquisition of voting equipment. (34.4) "Ranked voting method" means a method of casting and tabulating votes that allows electors to rank the candidates for an office in order of preference and uses these preferences to determine the winner of the election. "Ranked voting method" includes instant runoff voting and choice voting or proportional voting as described in section 1-7-1003. (34.5) "Referred measure" includes any ballot question or ballot issue submitted by the general assembly or the governing body of any political subdivision to the eligible electors of the state or political subdivision pursuant to article 40 or 41 of this title. (35) "Registered elector" means an elector, as defined in subsection (12) of this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. If any provision of this code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person's name and address Colorado Revised Statutes 2019 Page 8 of 513 Uncertified Printout at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder's office, and as it appears on the master elector list on file with the secretary of state. (36) Repealed. (37) "Registration list" means the computer list of electors currently registered to vote as furnished and certified by the county clerk and recorder. (38) "Registration record" means the approved and completed form on which an elector has registered to vote, which includes the original signature of the registrant. "Registration record" includes a standard-size approved elector registration record to which a nonstandard completed form has been transferred by copy or manual entry. (39) "Regular biennial school election" means the election held on the first Tuesday in November of each odd-numbered year. (40) "Regular drainage ditch election" means the election held on the first Tuesday after the first Monday in January of each alternate year. (41) "Regular regional transportation district election" means the election held concurrently with the state general election in every even-numbered year during which the directors are elected. (42) [Editor's note: This version of subsection (42) is effective until July 1, 2022.] "Regular special district election" means the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any. (42) [Editor's note: This version of subsection (42) is effective July 1, 2022.] "Regular special district election" means the election on the Tuesday succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any. (43) "Residence" means the principal or primary home or place of abode of a person, as set forth in section 1-2-102. (44) (Deleted by amendment, L. 96, p. 1732, § 2, effective July 1, 1996.) (45) "School district" means a school district organized and existing pursuant to law but does not include a local college district. (45.5) "Self-affirmation" means a sworn statement made in writing and signed by an individual, as though under oath. Any person falsely making a self-affirmation violates section 1-13-104. (46) "Special election" means any election called by a governing board for submission of ballot issues and other matters, as authorized by their enabling legislation. Any governing body may petition a district court judge who has jurisdiction over the political subdivision for permission to hold a special election on a day other than those specified in this subsection (46). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified. (46.3) "Special legislative election" means an election called by the general assembly pursuant to part 3 of article 11 of this title. (46.5) "Statewide abstract of votes cast" means the record of the results in each election for candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot. Colorado Revised Statutes 2019 Page 9 of 513 Uncertified Printout (46.7) "Statewide voter registration system" means the centralized statewide voter registration system, commonly referred to as "SCORE", created in section 1-2-301. (47) "Supervisor judge" means the election judge appointed by the designated election official to be in charge of the election process at a polling location. (48) "Taxable property" means real or personal property subject to general ad valorem taxes. For all elections and petitions that require ownership of real property or land, ownership of a mobile home or manufactured home, as defined in section 5-1-301 (29), 38-12-201.5 (2), or 42-1-102 (106)(b), C.R.S., is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions. (49) "Taxpaying elector" shall have the same meaning as provided in section 32-1-103 (23), C.R.S. (49.3) (a) "Term of imprisonment" or "full term of imprisonment" means the period during which an individual is serving a sentence of detention or confinement in any correctional facility, jail, or other location for a felony conviction. (b) This subsection (49.3) applies to this code for the purpose of applying section 10 of article VII of the state constitution. (c) "Term of imprisonment" or "full term of imprisonment" does not include the period during which an individual is on parole. (49.5) "Unaffiliated" means that a person is registered but not affiliated with a political party in accordance with the provisions of section 1-2-204 (2)(j). (49.7) "Undervote" means the failure of an elector to vote on a ballot question or ballot issue, the failure of an elector to vote for any candidate for an office, or the designation by an elector of fewer votes than there are offices to be filled; except that it is not an undervote if there are fewer candidates than offices to be filled and the elector designates as many votes as there are candidates. (49.8) Repealed. (50) "Vote recorder" or "voting device" means any apparatus that the elector uses to record votes by marking a ballot card and that subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on an electronic tabulation device. (50.2) "Voter registration agency" means an office designated in section 1-2-504 to perform voter registration activities. (50.3) "Voter registration drive" means the distribution and collection of voter registration applications by two or more persons for delivery to a county clerk and recorder. (50.4) "Voter registration drive organizer" means a person, as defined in section 2-4-401 (8), C.R.S., that organizes a voter registration drive in the state. (50.5) "Voter service and polling center" means a location established for holding elections, other than a polling place, that offers the services described in section 1-5-102.9. (50.6) (a) "Voter-verified paper record" means an auditable paper record that: (I) Is available for the elector to inspect and verify before the vote is cast; (II) Is produced contemporaneously with or employed by any voting system; (III) Lists the designation of each office, the number or letter of each ballot issue or ballot question, and the elector's choice for each office, ballot issue, or ballot question and indicates any office, ballot issue, or ballot question for which the elector has not made a selection; Colorado Revised Statutes 2019 Page 10 of 513 Uncertified Printout (IV) Is suitable for a manual audit or recount; and (V) Is capable of being maintained as an election record in accordance with the requirements of section 1-7-802. (b) Any paper ballot that lists the title, along with any number, as applicable, of each candidate race, ballot issue, or ballot question, on which the elector has marked his or her choices in such races, issues, or questions shall constitute a voter-verified paper record for purposes of this subsection (50.6). (50.7) "Voting equipment" means electronic or electromechanical voting systems, electronic voting devices, and electronic vote-tabulating equipment, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems, devices, and equipment. (50.8) "Voting system" means a process of casting, recording, and tabulating votes using electromechanical or electronic devices or ballot cards and includes, but is not limited to, the procedures for casting and processing votes and the operating manuals, hardware, firmware, printouts, and software necessary to operate the voting system. (50.9) "Voting system provider" means an individual engaged in private enterprise or a business entity engaged in selling, leasing, marketing, designing, building, or modifying voting systems to the state, a political subdivision of the state, or another entity authorized to hold an election under this code. (51) "Watcher" means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election, or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. If selected by a political party chairperson, a party candidate, or an unaffiliated candidate, the watcher must be affiliated with that political party or unaffiliated as shown in the statewide voter registration system. Source: L. 92: Entire article R&RE, p. 625, § 1, effective January 1, 1993. L. 93: (4), (11), (16), (21), (28), (39), (46), (49), and (51) amended and (2.3), (2.7), and (6.5) added, p. 1394, § 2, effective July 1; (11) amended, p. 58, § 1, effective July 1. L. 94: (48) amended, p. 704, § 3, effective April 19; (2.3), (2.7), (8), (34), and (35) amended and (2.5), (9.5), and (34.5) added, p. 1149, § 2, effective July 1; (3), (37), and (38) amended and (9.6), (33.5), and (50.5) added, p. 1750, § 1, effective January 1, 1995; (48) amended, p. 2541, § 6, effective January 1, 1995. L. 95: (23.3), (23.6), and (49.5) added and (24), (33), (37), and (51) amended, pp. 819, 860, 863, §§1, 113, 125, effective July 1. L. 96: (12), (44), and (49) amended and (1.5) and (45.5) added, p. 1732, § 2, effective July 1. L. 97: (33.5)(d) amended, p. 1239, § 33, effective July 1. L. 98: (22), (23), and (25) amended, p. 255, § 2, effective April 13. L. 99: (37) amended, p. 756, § 1, effective May 20; (46.3) added, p. 1389, § 5, effective June 4; (1) amended and (1.3), (1.7), and (46.5) added, p. 477, § 1, effective July 1; (1.2) amended and (1.3), (22.5), and (23.6) added, p. 157, § 1, effective August 4; (1.1) amended and (1.3) and (7.5) added, p. 278, § 1, effective August 4. L. 2000: (48) amended, p. 1870, § 100, effective August 2. L. 2003: (32) amended, p. 495, § 1, effective March 5; (1.3) and (23) amended, p. 1308, § 1, effective April 22; (19.5) added, p. 1276, § 1, effective April 22; (19.5) added, p. 1437, § 1, effective April 29; (19.5)(a)(II), (19.5)(a)(V), and (19.5)(a)(VI) amended and (19.5)(a)(VII) added, p. 2064, § 1, effective May 22. L. 2004: (19.5)(a)(I) and (19.5)(a)(V) amended, p. 426, § 1, effective April Colorado Revised Statutes 2019 Page 11 of 513 Uncertified Printout 13; (19.5)(a)(V) amended and (19.5)(a)(VIII), (19.5)(a)(IX), and (19.5)(a)(X) added, p. 1051, § 1, effective May 21; (49.8) added, p. 1104, § 1, effective May 27; (2.1), (13.5), (14.5), (15.5), (23.4), (34.2), (49.7), (50.7), (50.8), and (50.9) added and (14) and (27) amended, p. 1342, § 2, effective May 28; (50) amended, p. 1343, § 3, effective January 1, 2006; (15)(b) added by revision, pp. 1361, 1213, §§ 30, 31, 108. L. 2005: (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1392, § 1, effective June 6; (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1427, § 1, effective June 6. L. 2006: (33.5)(b) amended, p. 1997, § 28, effective July 1. L. 2007: (11) amended, p. 1775, § 1, effective June 1; (19.5)(a)(XI) added and (50.6)(a)(III) amended, p. 1967, §§ 1, 2, effective August 3; (31.5) added, p. 1988, § 1, effective August 3. L. 2008: (34.4) added, p. 1249, § 1, effective August 5. L. 2009: (13.5) amended and (16.5) and (23.5) added, (HB 09-1335), ch. 260, p. 1189, § 1, effective May 15; (18.5) and (19.5)(c) added, (HB 09-1336), ch. 261, p. 1197, §§ 1, 2, effective August 5. L. 2011: (32) amended, (SB 11-189), ch. 243, p. 1062, § 1, effective May 27. L. 2012: (19.5)(a)(XII) added, (SB 12-062), ch. 97, p. 326, § 1, effective April 12; (1.1), (19.5)(a)(X), and (19.5)(a)(XI) amended and (19.5)(a)(XIII) added, (HB 12-1292), ch. 181, p. 676, § 1, effective May 17. L. 2013: (19.5)(d) added, (HB 13-1038), ch. 28, p. 67, § 1, effective March 15; (2), (27), (28), (36), (47), (50.4), and (50.5) amended, (2.8), (9.8), (27.5), and (50.3) added, and (49.8) repealed, (HB 13-1303), ch. 185, p. 682, § 3, effective May 10; (18.5) amended, (HB 13-1314), ch. 323, p. 1800, § 15, effective March 1, 2014. L. 2014: (11) amended and (28) repealed, (HB 14-1164), ch. 2, pp. 71, 77, §§ 33, 51, effective February 18; (29.5) added, (SB 14-161), ch. 160, p. 555, § 1, effective May 9. L. 2016: IP(2.8) amended, (HB 16-1093), ch.126, p. 358, § 1, effective April 21; (2.8)(c), (16.5), (19.5)(a)(I), and (51) amended, (46.7) added, and (36) repealed, (SB 16142), ch. 173, p. 565, § 1, effective May 18; (2.8)(c) amended, (SB 16-189), ch. 210, p. 753, § 1, effective June 6. L. 2017: (18.5) amended, (SB 17-242), ch. 263, p. 1262, § 28, effective May 25. L. 2018: (2.8)(a) amended, (SB 18-233), ch. 262, p. 1617, § 41, effective May 29; (42) amended, (HB18-1039), ch. 29, p. 330, § 1, effective July 1, 2022. L. 2019: (49.3) added, (HB 19-1266), ch. 283, p. 2643, § 2, effective July 1; (9.7) added and (9.8) amended, (HB 19-1278), ch. 326, p. 3005, § 2, effective August 2. Editor's note: (1) This section is similar to former § 1-1-104 as it existed prior to 1992. (2) Amendments to subsection (11) by House Bill 93-1111 and House Bill 93-1255 were harmonized. (3) Amendments to subsection (48) by House Bill 94-92 and House Bill 94-1 were harmonized. (4) Subsection (9.6) was numbered as (9.5) in House Bill 94-1294 but was renumbered on revision for ease of location. (5) Subsection (1.1) was numbered as (1) in House Bill 99-1082 but was renumbered on revision for ease of location; subsection (1.2) was numbered as (1) in House Bill 99-1152 but was renumbered on revision for ease of location; and subsection (46.3) was numbered as (46.5) in House Bill 99-1097 but was renumbered on revision for ease of location. (6) Amendments to subsection (19.5) by House Bill 03-1241 and Senate Bill 03-102 were harmonized. (7) Subsection (15)(b) provided for the repeal of subsection (15), effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) Colorado Revised Statutes 2019 Page 12 of 513 Uncertified Printout (8) Section 7 of chapter 283 (HB 19-1266), Session Laws of Colorado 2019, provides that the act changing this section applies to any individual seeking to register to vote or to vote on or after July 1, 2019. (9) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the legislative declaration in HB 04-1227, see section 1 of chapter 334, Session Laws of Colorado 2004. For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. For the legislative declaration in SB 17242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019. (2) For the short title ("Voter Access and Modernized Elections Act") and the legislative declaration in HB 13-1303, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-1-105. Elections conducted pursuant to provisions that refer to qualified electors. Any election, and any acts relating thereto, including but not limited to elections under this code, the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., school elections under title 22, C.R.S., and special district elections under title 32, C.R.S., which were conducted prior to July 1, 1987, pursuant to provisions which refer to a qualified elector rather than a registered elector and which were valid when conducted, shall be deemed and held to be legal and valid in all respects. Source: L. 92: Entire article R&RE, p. 631, § 1, effective January 1, 1993. Editor's note: This section is similar to former § 1-1-104.5 as it existed prior to 1992. 1-1-105.5. District elections conducted on or prior to May 3, 2016 - limitations on contests based on elector qualifications - exceptions - validation - definitions. (1) (a) Except as provided in paragraph (c) of this subsection (1), for any district election conducted under this code or the "Colorado Local Government Election Code", article 13.5 of this title, and notwithstanding any provision of law to the contrary: (I) No district election conducted prior to April 21, 2016, may be contested on the grounds that any person who voted at such election was not an eligible elector unless such a contest was initiated prior to April 21, 2016. (II) No district election conducted on May 3, 2016, may be contested on the grounds that any person who voted at such election was not an eligible elector unless such a contest was initiated within the time period specified in section 1-11-213 or section 1-13.5-1403, C.R.S., as applicable. (b) Except when a contest to elector qualifications has been timely initiated as described in this section, this section validates, ratifies, and confirms the qualifications of any person who voted at any district election held on or before May 3, 2016, notwithstanding any defects or irregularities in such qualifications. Colorado Revised Statutes 2019 Page 13 of 513 Uncertified Printout (c) The bar to election contests in paragraph (a) of this subsection (1) does not apply to: (I) Any district election conducted after January 1, 2012, if the contest to such election is made on the grounds that federal or state constitutional rights of eligible electors were violated in the conduct of the election; or (II) Any district election conducted before January 1, 2012, if the contest to such election was initiated prior to April 21, 2016. (2) For purposes of this section, "district" means any district formed under part 5 of article 20 of title 30, part 6 of article 25 of title 31, part 8 of article 25 of title 31, part 12 of article 25 of title 31, or article 1 of title 32, C.R.S. Source: L. 2016: Entire section added, (SB 16-211), ch. 174, p. 595, § 2, effective May 18. Cross references: For the legislative declaration in SB 16-211, see section 1 of chapter 174, Session Laws of Colorado 2016. 1-1-106. Computation of time. (1) Calendar days shall be used in all computations of time made under the provisions of this code. (2) In computing any period of days prescribed by this code, the day of the act or event from which the designated period of days begins to run shall not be included and the last day shall be included. Saturdays, Sundays, and legal holidays shall be included, except as provided in subsection (4) of this section. (3) If a number of months is to be computed by counting the months from a particular day, the period shall end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period shall end on the last day of the concluding month. (4) If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion of such act involves a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. (5) If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3). Source: L. 92: Entire article R&RE, p. 631, § 1, effective January 1, 1993. L. 93: (5) amended, p. 1395, § 3, effective July 1. L. 95: (2) and (5) amended, p. 820, § 2, effective July 1. L. 96: (5) amended, p. 1773, § 76, effective July 1. L. 99: (4) and (5) amended, p. 756, § 2, effective May 20. Editor's note: This section is similar to former § 1-1-105 as it existed prior to 1992. Cross references: For computation of time under the statutes generally, see § 2-4-108. Colorado Revised Statutes 2019 Page 14 of 513 Uncertified Printout 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.; (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; (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. (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. 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, Colorado Revised Statutes 2019 Page 15 of 513 Uncertified Printout 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. 1-1-108. Copies of election laws and manual provided. (1) No later than sixty days after each adjournment of the general assembly, the secretary of state shall transmit to the county clerk and recorder of each county a complete, updated copy of the pertinent sections of the election laws of the state. (2) No later than January 15 in even-numbered years, the division of local government in the department of local affairs shall transmit to the designated election official of each special district organized under article 1 of title 32, C.R.S., entitled to hold elections or, if there is no designated election official, to the chief executive officer of the special district, at least one copy of the election laws. The designated election officials or chief executive officers of those special districts may request additional copies of the election laws. Source: L. 92: Entire article R&RE, p. 633, § 1, effective January 1, 1993. L. 93: (1) amended, p. 1395, § 5, effective July 1. L. 95: Entire section amended, p. 820, § 3, effective July 1. L. 96: Entire section amended, p. 1733, § 3, effective July 1. L. 99: (1) amended, p. 757, § 3, effective May 20. Editor's note: This section is similar to former § 1-1-107 as it existed prior to 1992. 1-1-109. Forms prescribed - rules. (1) Except as otherwise provided by this code, the secretary of state shall approve all forms required by this code, which forms shall be followed by county clerk and recorders, election judges, and other election officials. Prior to approving any election form, the secretary shall determine and consider best practices in the design and development of the form in order to minimize voter confusion and maximize ease of use. (2) A registered elector shall make elector registration information changes on an approved form, and the elector registration information changes must be entered on the elector's registration record and retained and stored in the statewide voter registration system. (3) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to specify what constitutes approved and acceptable forms certified for use by eligible voters, campaigns, and voter registration drives and acceptance by election officials and any rules necessary to establish uniformity regarding the use of forms. Source: L. 92: Entire article R&RE, p. 633, § 1, effective January 1, 1993. L. 96: (1) amended, p. 1733, § 4, effective July 1. L. 2003: (1) amended, p. 2065, § 4, effective May 22. L. 2009: (1) amended and (3) added, (HB 09-1336), ch. 261, p. 1198, § 4, effective August 5. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 566, § 3, effective May 18. Colorado Revised Statutes 2019 Page 16 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-1-108 as it existed prior to 1992. 1-1-110. Powers of county clerk and recorder and deputy - communication to electors. (1) The county clerk and recorder, in rendering decisions and interpretations under this code, shall consult with the secretary of state and follow the rules and orders promulgated by the secretary of state pursuant to this code. (1.5) Pursuant to section 24-4-106 (4.7), C.R.S., a county clerk and recorder is authorized to seek judicial review of final action undertaken by the secretary of state arising under this code. (2) All powers and authority granted to the county clerk and recorder by this code may be exercised by a deputy clerk in the absence of the county clerk and recorder or if the county clerk and recorder for any reason is unable to perform the required duties. (3) As the chief election official for the county, the county clerk and recorder shall be the chief designated election official for all coordinated elections. (4) (a) Except as otherwise provided in section 1-2-302.5, any communication by mail from the county clerk and recorder to any registered elector pursuant to this title must be sent to the elector's address of record. (b) and (c) Repealed. (5) (a) Except as otherwise provided in this subsection (5) and notwithstanding any other provision of law, an elector may request to receive elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), from his or her county clerk and recorder by electronic transmission. With the request, the elector must submit an electronic-mail address to which the county clerk and recorder may send communication from the county clerk and recorder. The county clerk and recorder, upon receiving the request, may send all future elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), by electronic transmission to the electronic-mail address provided by the elector; except that: (I) If an elector subsequently requests to cease the electronic transmission and requests to receive future elections communication by mail, the county clerk and recorder shall comply with the request; or (II) If the county clerk and recorder, after sending such an electronic transmission, receives an undeliverable message or any other message indicating that the elector's electronicmail address is no longer valid, the county clerk and recorder must send that particular communication by regular mail and shall not send any future elections communication by electronic transmission, unless the elector reapplies for electronic communications. (b) An electronic-mail address provided by an elector shall not be made available to the public or any individual or organization other than an authorized agent of the local election official, and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be used only for official communication with the elector about the voting process, if the elector has requested such electronic transmission under this subsection (5). (c) All correspondence sent to an elector pursuant to this subsection (5) shall be maintained in the elector's registration records stored in the statewide voter registration system created in section 1-2-301; except that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid as described in subsection (5)(a)(II) of this section does not need to be stored in the statewide voter registration system. Colorado Revised Statutes 2019 Page 17 of 513 Uncertified Printout (d) The failure of an elector to receive elections communication by electronic transmission is not grounds to invalidate an election if the county clerk and recorder acted in good faith in making the electronic transmission. (e) Nothing in paragraph (a) of this subsection (5) prevents the receipt or return of a ballot via electronic transfer as set forth in section 1-7.5-115. Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993. L. 93: (3) amended, p. 1396, § 6, effective July 1. L. 96: (3) amended, p. 1734, § 5, effective July 1. L. 99: (4) added, p. 279, § 2, effective August 4. L. 2003: (1) amended, p. 2065, § 5, effective May 22. L. 2012: (4)(a) amended and (4)(b) repealed, (HB 12-1292), ch. 181, p. 676, § 2, effective May 17. L. 2013: (4)(a) amended and (4)(c) and (5) added, (HB 13-1303), ch. 185, p. 683, § 4, effective May 10. L. 2014: (1.5) added, (HB 14-1354), ch. 159, p. 553, § 1, effective May 9. L. 2016: (4)(a) and IP(5)(a) amended and (4)(c) repealed, (HB 16-1093), ch. 126, p. 358, § 2, effective April 21. L. 2018: (5)(c) amended, (SB 18-233), ch. 262, p. 1603, § 1, effective May 29. Editor's note: This section is similar to former § 1-1-109 as it existed prior to 1992. Cross references: In 2013, subsection (4)(a) was amended and subsections (4)(c) and (5) were added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-1-111. Powers and duties of governing boards. (1) In addition to any other duties prescribed by law, the governing board of a political subdivision entitled to call elections shall have the following duties: (a) To supervise the conduct of regular and special elections which it is authorized or required to call; and (b) Where appropriate, to consult and coordinate with the county clerk and recorder of the county in which the political subdivision is located and with the secretary of state in regard to conducting elections and rendering decisions and interpretations under this code. (2) All powers and authority granted to the governing board of a political subdivision may be exercised by an election official designated by the board. The governing body may also contract with the county clerk and recorder of the county in which the political subdivision is organized to perform all or part of the required duties in conducting the election. (3) Elections which are set for the same date by various political subdivisions may be held as coordinated elections if the governing bodies so choose. Political subdivisions are authorized to cooperate and contract with each other to perform any function relating to an election. Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993. L. 93: (3) amended, p. 1396, § 7, effective July 1. L. 94: (2) amended, p. 1150, § 3, effective July 1. L. 96: (3) amended, p. 1734, § 6, effective July 1. Cross references: For violation of duty and penalty therefor, see § 1-13-107. 1-1-112. Powers and duties of election commission. (Repealed) Colorado Revised Statutes 2019 Page 18 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18. Editor's note: This section is similar to former § 1-1-110 as it existed prior to 1992. 1-1-113. Neglect of duty and wrongful acts - procedures for adjudication of controversies - review by supreme court. (1) When any controversy arises between any official charged with any duty or function under this code and any candidate, or any officers or representatives of a political party, or any persons who have made nominations or when any eligible elector files a verified petition in a district court of competent jurisdiction alleging that a person charged with a duty under this code has committed or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order requiring substantial compliance with the provisions of this code. The order shall require the person charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why the order should not be obeyed. The burden of proof is on the petitioner. (2) Repealed. (3) The 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. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review. (4) Except as otherwise provided in this part 1, the procedure specified in this section shall be the exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other wrongful act that occurs prior to the day of an election. (5) Notwithstanding any other provision of law, the procedures specified in section 11.5-105 shall constitute the exclusive administrative remedy for a complaint arising under Title III of the federal "Help America Vote Act of 2002", Pub.L. 107-252. Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 93: (1) amended, p. 1396, § 8, effective July 1. L. 94: (2) amended and (4) added, p. 1151, § 4, effective July 1. L. 2003: (5) added, p. 2065, § 6, effective May 22. L. 2007: (3) amended, p. 1968, § 3, effective August 3. L. 2010: (2) repealed, (HB 10-1291), ch. 325, p. 1506, § 2, effective July 1. Editor's note: This section is similar to former § 1-1-111 as it existed prior to 1992. Cross references: (1) For violation of duty and penalty therefor, see § 1-13-107. (2) For the "Help America Vote Act of 2002", see Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq. 1-1-114. Registration deadline. (Repealed) Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1396, § 9, effective July 1. L. 94: Entire section amended, p. 1751, § 3, Colorado Revised Statutes 2019 Page 19 of 513 Uncertified Printout effective January 1, 1995. L. 95: Entire section amended, p. 820, § 4, effective July 1. L. 96: Entire section repealed, p. 1775, § 84, effective July 1. Editor's note: This section was relocated to § 1-2-201 (3) in 1996. 1-1-115. Colorado voter access and modernized elections commission - creation composition - terms - duties - report - definition - repeal. (Repealed) Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 684, § 5, effective May 10. L. 2014: (3)(b)(III) amended, (SB 14-153), ch. 390, p. 1960, § 2, effective June 6. Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2015. (See L. 2013, p. 684.) PART 2 TERMS OF OFFICE 1-1-201. Commencement of terms - state, congressional district, and county officers. The regular terms of office of all state, congressional district, and county officers shall commence on the second Tuesday of January next after their election, except as otherwise provided by law. Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 10, effective July 1. 1-1-202. Commencement of terms - nonpartisan officers. The regular terms of office of all nonpartisan officers elected at regular elections shall commence at the next meeting of the governing body following the date of the election, but no later than thirty days following the survey of returns and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law. If the election is cancelled in whole or in part pursuant to section 15-208 (1.5), then the regular term of office of a nonpartisan officer shall commence at the next meeting of the governing body following the date of the regular election, but no later than thirty days following the date of the regular election and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law. Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 11, effective July 1. L. 94: Entire section amended, p. 1151, § 5, effective July 1. L. 2001: Entire section amended, p. 1001, § 1, effective August 8. 1-1-203. End of term. A person elected or appointed to an office shall hold office until the successor is elected, qualified, and takes office on the second Tuesday of January, unless otherwise provided by law. Colorado Revised Statutes 2019 Page 20 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 12, effective July 1. PART 3 TRAINING AND CERTIFICATION OF ELECTION OFFICIALS 1-1-301. Certification program. (1) The secretary of state shall establish and operate or provide by contract a certification program for local election officials on the conduct of elections, the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq., and other topics related to elections. (2) The secretary of state shall establish by rule a curriculum for the certification program, including core requirements and electives, the required number of hours, and methods for continuing education. (3) The secretary of state shall provide staffing and support services for the certification program. (4) The secretary of state shall appoint an advisory board to oversee the certification process and the development of the curriculum. Source: L. 2005: Entire part added, p. 1393, § 3, effective June 6; entire part added, p. 1428, § 3, effective June 6. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 567, § 4, effective May 18. 1-1-302. Persons required to complete certification - deadline. (1) The following persons shall obtain certification in accordance with this part 3: (a) The county clerk and recorder; (b) Employees in the clerk and recorder's office who are directly responsible for overseeing elections; and (c) Other employees in the clerk and recorder's office at the discretion of the clerk and recorder. (2) A person required to obtain certification shall: (a) (Deleted by amendment, L. 2006, p. 2030, § 6, effective June 6, 2006.) (b) Complete the certification requirements within two years of undertaking the responsibilities for which the person is required to obtain certification; and (c) Comply with the continuing education requirements prescribed by the secretary of state by rule. (3) Nothing in this section shall be construed to require an elected official to attend a course of instruction or obtain a certification as a condition for seeking or holding elective office or as a condition for carrying out constitutional and statutory duties. Source: L. 2005: Entire part added, p. 1394, § 3, effective June 6; entire part added, p. 1429, § 3, effective June 6. L. 2006: (2)(a) and (2)(b) amended, p. 2030, § 6, effective June 6. Colorado Revised Statutes 2019 Page 21 of 513 Uncertified Printout 1-1-303. Certification courses. (1) The curriculum for certification in accordance with this part 3 shall include courses in the following areas: (a) General election law; (b) The federal "Help America Vote Act of 2002"; and (c) Professional development. (2) The secretary of state shall offer certification courses at least annually. Source: L. 2005: Entire part added, p. 1394, § 3, effective June 6; entire part added, p. 1429, § 3, effective June 6. Cross references: For the federal "Help America Vote Act of 2002", see Pub.L. 107252, codified at 42 U.S.C. sec. 15301 et seq. PART 4 ELECTION REFORM COMMISSION 1-1-401 to 1-1-403. (Repealed) Editor's note: (1) Section 1-1-403 provided for the repeal of this part 4, effective July 1, 2009. (See L. 2008, p. 2004.) (2) This part 4 was added in 2008 and was not amended prior to its repeal in 2009. For the text of this part 4 prior to its repeal in 2009, consult the 2008 Colorado Revised Statutes. ARTICLE 1.5 Help America Vote Act Cross references: For the federal "Help America Vote Act of 2002", see Pub.L. 107252, codified at 42 U.S.C. sec. 15301 et seq. 1-1.5-101. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) The "Help America Vote Act of 2002", Pub.L. 107-252, was passed by the United States congress and signed into law by president George W. Bush on October 29, 2002. (b) HAVA resulted from a national consensus that the nation's electoral system needs improvements to ensure that every eligible voter has the opportunity to vote, that every vote that should be counted will be counted, and that no legal vote will be canceled by a fraudulent vote. (c) HAVA clearly defines the rights and privileges of those eligible individuals who seek to vote, including all overseas and military service voters, and seeks to prevent disenfranchisement resulting from mistaken determinations of ineligibility to vote, the use of outdated voting systems that are unreliable or insufficiently accessible for disabled voters, or unnecessary administrative obstacles. (d) To achieve these purposes, HAVA authorizes significant amounts of federal financial assistance to the states to finance the purchase of more reliable voting systems and mandates Colorado Revised Statutes 2019 Page 22 of 513 Uncertified Printout changes in the conduct of federal elections in all states for the purposes of ensuring greater access to the polls by individuals with disabilities, providing more information to individuals who wish to vote, improving the training of poll workers, and reducing the possibility of fraud in the electoral process. (e) As a condition of the receipt of certain funds from the federal government under HAVA, section 253 (b)(5) of HAVA requires the states to appropriate funds for carrying out the activities for which such payments are made in an amount equal to five percent of the total amount to be spent for such activities. (f) HAVA empowers the United States department of justice to bring civil actions seeking such declaratory and injunctive relief as may be necessary to carry out uniform and nondiscriminatory election technology and administration requirements. Accordingly, failure to satisfy the requirements of HAVA may subject election laws and procedures of this state to stringent review and approval by the United States department of justice. (g) In order that its requirements may be effectively and uniformly implemented, HAVA mandates a greater role for the state governments and, in particular, the chief election official of each state, in overseeing and coordinating elections and in enforcing and implementing uniform standards in elections. (h) In Colorado, the secretary of state is the chief state election official and, in that capacity, is charged by HAVA and existing state statutory provisions with responsibility for supervising the conduct of elections and for enforcing and implementing the provisions of HAVA and of this code. (2) Now, therefore, by enacting this article, the general assembly intends to: (a) Begin the process of implementing the changes in this code that are required by HAVA; (b) Ensure the timely fulfillment by the state of all requirements for eligibility under HAVA to be able to receive appropriated federal funds under HAVA; and (c) Provide the secretary of state with sufficient authority to ensure that the state of Colorado is fully compliant with all requirements imposed upon it pursuant to HAVA. (3) The general assembly further intends that this article be liberally construed to effectuate its purposes as expressed in this section. Source: L. 2003: Entire article added, p. 2065, § 7, effective May 22. 1-1.5-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Department" means the Colorado department of state. (2) "Fund" means the federal elections assistance fund created in section 1-1.5-106. (3) "HAVA" means the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq. (4) "Secretary" means the Colorado secretary of state. Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22. L. 2004: (3) amended, p. 1186, § 1, effective August 4. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 567, § 5, effective May 18. Colorado Revised Statutes 2019 Page 23 of 513 Uncertified Printout 1-1.5-103. Conflict with federal law. If the secretary or a court of competent jurisdiction determines there is a conflict between this article or any other provision of this code and any provision of HAVA, the provisions of HAVA and any rules promulgated thereunder shall control, and the secretary shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the secretary shall submit a report to the general assembly explaining the conflict and suggesting language to change this article in the next legislative session. Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22. 1-1.5-104. Powers and duties of secretary of state. (1) The secretary may exercise such powers and perform such duties as reasonably necessary to ensure that the state is compliant with all requirements imposed upon it pursuant to HAVA to be eligible on a timely basis for all federal funds made available to the state under HAVA, including, without limitation, the power and duty to: (a) Develop and require education and training programs and related services for state, county, and local election officials involved in the conduct of elections; (b) Promulgate, oversee, and implement changes in the statewide voter registration system as specified in part 3 of article 2 of this title; (c) Establish a uniform administrative complaint procedure in accordance with the requirements of section 1-1.5-105; (d) Issue appropriate orders to county or local election officials in connection with the proper administration, implementation, and enforcement of the federal act, which orders shall be enforceable in a court of competent jurisdiction; (e) Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S., as the secretary finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article; and (f) Exercise any other powers or perform any other duties that are consistent with this article and that are reasonably necessary for the proper administration, implementation, and enforcement of HAVA and that will improve the conduct of elections in the state in conformity with HAVA. (2) (a) Acting either upon his or her own initiative or upon a complaint submitted to him or her giving the secretary reasonable grounds to believe that an election in this state is not being conducted in accordance with the requirements of HAVA or of this code, the secretary may investigate the allegation of noncompliance. In connection with such an investigation, the secretary may: (I) Compel the testimony of witnesses and the production of documents from any state, county, or local official involved in the conduct of the election; and (II) Send one or more official election observers to any county in the state to examine the conduct of any aspect of any election giving rise to the allegation of noncompliance. The clerk and recorder of the county in which the allegation of noncompliance arises shall assume the costs associated with the travel and other expenses of any observers sent to the county pursuant to this subparagraph (II) where the secretary has reasonable grounds to believe that the election is not being conducted in accordance with the requirements of HAVA or of this code. Colorado Revised Statutes 2019 Page 24 of 513 Uncertified Printout (b) In order to satisfy the requirements of this subsection (2), the secretary may require that each county designate not less than three persons experienced in the conduct of elections to form a pool of official election observers. (3) With the exception of a complaint brought under section 1-1.5-105 to remedy an alleged violation of HAVA, any interested party that has reasonable grounds to believe that an election is not being conducted in conformity with the requirements of this code may apply to the district court in the judicial district in which the allegation of noncompliance arises for an order giving the secretary access to all pertinent election records used in conducting the election and requesting the secretary to conduct the election. (4) The secretary shall seek the full amount of funds available to the state under HAVA for distribution to the counties in accordance with HAVA. Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22. L. 2005: (4) added, p. 1394, § 4, effective June 6; (4) added, p. 1429, § 4, effective June 6. 1-1.5-105. Complaint procedure. (1) Subject to the requirements of this section, in accordance with section 402 of HAVA, the secretary may establish by rule a uniform administrative complaint procedure to remedy grievances brought under Title III of HAVA. (2) Any rules promulgated pursuant to subsection (1) of this section must provide for, but need not be limited to, the following: (a) A uniform and nondiscriminatory complaint procedure; (b) Authorization for any person who believes that there is a violation of Title III of HAVA, including a violation that has occurred, is occurring, or that is about to occur, to file a complaint; (c) A description by the complainant in his or her complaint of the alleged violation with particularity and a reference to the section of HAVA alleged to have been violated; (d) A requirement that the complaint be filed no later than one year from the date of either the occurrence of the alleged violation or of the election giving rise to the complaint, whichever is later; (e) A requirement that each complaint be in writing and notarized, signed, and sworn by the person filing the complaint; (f) Authorization for the secretary to consolidate two or more complaints; (g) At the request of the complainant, a hearing on the record; (h) Authorization for the secretary to provide an appropriate remedy if the secretary determines that any provision of Title III of HAVA has been violated or to dismiss the complaint and publish the results of his or her review if the secretary determines that no provision of Title III of HAVA has been violated; (i) A final determination on the complaint by the secretary prior to the expiration of the ninety-day period that begins on the date the complaint is filed, unless the complainant consents to an extension of time for making such determination; (j) Resolution of the complaint within sixty days under an alternative dispute resolution procedure that the secretary shall establish in accordance with the requirements of this section if the secretary fails to satisfy the applicable deadline specified in paragraph (i) of this subsection (2), and the availability of the record and any other materials from any proceedings conducted Colorado Revised Statutes 2019 Page 25 of 513 Uncertified Printout under the complaint procedures established for use under such alternative dispute resolution procedures; (k) Authorization for the secretary to conduct a preliminary review of any complaint submitted to him or her and to dismiss any complaint that he or she finds is not supported by credible evidence; and (l) Recovery by the secretary of the costs of the proceeding against any complainant who files a complaint that, in connection with the final determination by the secretary pursuant to paragraph (i) of this subsection (2), is found, on the basis of clear and convincing evidence, to be frivolous, groundless, or vexatious. (3) Notwithstanding any other provision of law: (a) No complaint shall be brought pursuant to the procedure created by this section unless the complaint alleges a violation of Title III of HAVA; (b) Proceedings for the resolution of a complaint brought pursuant to this section shall not be considered an adjudication under article 4 of title 24, C.R.S.; and (c) The procedures created by this section shall constitute the exclusive administrative remedy for a violation of Title III of HAVA. (4) Any person aggrieved by a final determination by the secretary acting pursuant to paragraph (i) of subsection (2) of this section may appeal the secretary's determination to the district court in and for the city and county of Denver within thirty days of the date of the determination. Source: L. 2003: Entire article added, p. 2069, § 7, effective May 22. L. 2016: IP(2) and (2)(b) amended, (SB 16-142), ch. 173, p. 567, § 6, effective May 18. 1-1.5-106. Federal elections assistance fund - match requirements - maintenance of effort - grants and loans to counties. (1) (a) There is hereby created in the state treasury the federal elections assistance fund, which fund shall be administered by the secretary and shall consist of: (I) All moneys received by the state from the federal government pursuant to HAVA; (II) All moneys appropriated or otherwise made available to the fund by the general assembly for the purpose of carrying out the activities required by HAVA; (III) All moneys received by the state as payment from the counties pursuant to subsection (3) of this section; (IV) Moneys collected by the secretary for the implementation of this article from federal grants and other contributions, grants, bequests, and donations received from individuals, private organizations, or foundations; and (V) Interest earned on deposits made to the fund. (b) All moneys specified in paragraph (a) of this subsection (1) shall be transmitted to the state treasurer to be credited to the fund. (2) (a) Any moneys received by the state from the federal government pursuant to HAVA shall be used by the state only for the purposes specified by the provisions of HAVA under which the moneys were provided. (b) All moneys in the fund are continuously appropriated to the department for the proper administration, implementation, and enforcement of HAVA in accordance with the Colorado Revised Statutes 2019 Page 26 of 513 Uncertified Printout requirements of this article. All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund. (3) Subject to available appropriations, the secretary may direct that moneys in the department of state cash fund created in section 24-21-104 (3)(b), C.R.S., as of July 1, 2003, be used to satisfy in whole or in part the requirement of section 253 (b)(5) of HAVA that the state appropriate funds for carrying out the activities for which federal payments are being made in an amount equal to five percent of the total amount to be spent for such activities. In order to assist the state in satisfying this requirement of HAVA, the secretary may assess the counties for a share of the financial requirement assessed against the state under HAVA as specified in this subsection (3) and may establish by rule a plan to fairly and reasonably allocate the financial obligation among the counties pursuant to this subsection (3). (4) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the general assembly shall make an annual appropriation to the department out of moneys in the department of state cash fund for election-related purposes that is not less than the level of expenditures for such purposes maintained by the state for the 200102 fiscal year. (5) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the secretary shall maintain out of moneys in the department of state cash fund a level of expenditures in support of the statewide voter registration system created in section 1-2-301 that is not less than the level of expenditures for such purposes maintained by the secretary for the 2001-02 fiscal year. (6) For the county fiscal year that ends prior to November 1, 2003, and for each county fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, each county shall maintain not less than the same amount of expenditures on activities arising under Title III of HAVA that it expended on such activities for its fiscal year ending prior to November 2002, excluding moneys expended during that period for capital expenditures on new voting equipment or any other one-time capital expenditure as determined by the secretary. (7) The secretary may establish a program pursuant to which the secretary may award grants or loans to the counties for the purpose of assisting the counties in meeting any of the requirements imposed upon them pursuant to HAVA or by this article. In connection with the establishment of any such program created pursuant to this subsection (7), the secretary shall specify, without limitation, qualification requirements for eligibility to receive a grant or loan, administration of the grant or loan program, criteria for awarding a grant or loan, any limit on the total amount of moneys to be awarded in a grant or loan pursuant to the requirements of this subsection (7), any limit on the amount to be awarded to any one grant or loan recipient, auditing or reporting requirements for grant or loan recipients, penalty provisions where grant or loan moneys are expended improperly, and, in the case of loans, repayment terms. Notwithstanding any other provision of law, each loan awarded pursuant to this subsection (7) shall bear interest at a specified rate. (8) In response to the failure by a county to satisfy any of the requirements imposed upon it pursuant to this section, the secretary may deduct from the reimbursement to which the Colorado Revised Statutes 2019 Page 27 of 513 Uncertified Printout county would ordinarily be entitled pursuant to section 1-5-505.5 the amount of moneys owed by the county pursuant to this section. (9) Any county may donate to the state equipment for voter registration purposes in accordance with part 3 of article 2 of this title, which equipment is determined to be usable by the secretary. In exchange for such donation, the county shall receive a credit in the amount of the fair market value of the item donated against the financial obligation assessed against the county pursuant to subsection (3) of this section. Source: L. 2003: Entire article added, p. 2070, § 7, effective May 22. ARTICLE 2 Qualifications and Registration of Electors Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. Cross references: For election offenses relating to qualifications and registration of electors, see part 2 of article 13 of this title. PART 1 QUALIFICATIONS OF ELECTORS 1-2-101. Qualifications for registration - preregistration. (1) Every person who is eighteen years of age or older on the date of the next election and who has the following qualifications is entitled to register to vote at all elections: (a) The person is a citizen of the United States; and (b) The person has resided in this state twenty-two days immediately prior to the election at which the person intends to vote. (2) (a) (I) Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is sixteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update his or her preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered. (II) Repealed. Colorado Revised Statutes 2019 Page 28 of 513 Uncertified Printout (b) The registration requirements of section 1-2-201 apply to a person preregistering to vote under this subsection (2). (c) A person preregistered under this subsection (2) who is seventeen years of age on the date of a primary election or presidential primary election and who will be eighteen years of age on the date of the next general election is entitled to vote in the primary election or presidential primary election. (3) Repealed. Source: L. 92: Entire article R&RE, p. 636, § 2, effective January 1, 1993. L. 93: (1)(b) amended, p. 1397, § 13, effective July 1. L. 94: (1)(b) amended, p. 1751, § 4, effective January 1, 1995. L. 95: (1)(b) amended, p. 821, § 5, effective July 1. L. 96: (1)(b) amended, p. 1734, § 7, effective July 1. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 687, § 6, effective May 10; (2) added, (HB 13-1135), ch. 184, p. 677, § 1, effective August 7. L. 2018: (3) added, (SB 18150), ch. 261, p. 1600, § 1, effective July 1, 2019. L. 2019: (3) repealed, (HB 19-1266), ch. 283, p. 2644, § 5, effective July 1; (2)(c) added, (HB 19-1278), ch. 326, p. 3005, § 3, effective August 2. Editor's note: (1) This section is similar to former § 1-2-101 as it existed prior to 1992. (2) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective July 1, 2014. (See L. 2013, p. 677.) (3) Section 7 of chapter 283 (HB 19-1266), Session Laws of Colorado 2019, provides that the act changing this section applies to any individual seeking to register to vote or to vote on or after July 1, 2019. (4) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For qualifications of electors, see also § 1 of art. VII, Colo. Const.; for voting age for electors, see § 1 of art. VII, Colo. Const., and article XXVI of the Constitution of the United States; for registration of citizens residing outside the United States, see article 8.3 of this title; for offenses relating to unlawful qualification as a taxpaying elector, see § 1-13-202. (2) In 2013, subsection (1)(b) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. (4) For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019. 1-2-102. Rules for determining residence. (1) The following rules shall be used to determine the residence of a person intending to register or to vote in any precinct in this state and shall be used by election judges in challenge procedures: (a) (I) The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's Colorado Revised Statutes 2019 Page 29 of 513 Uncertified Printout habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence. (II) For the purpose of voter registration residence, a homeless elector shall identify a specific location within a county where the elector returns to regularly. This location may include a homeless shelter, a homeless services provider, a park, a campground, a vacant lot, a business address, or any other physical location. If the homeless elector's registration residence does not include a mailing address, the elector shall also provide a mailing address. (b) In determining what is the principal or primary place of abode of a person, the following circumstances relating to the person shall be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration. (c) The residence given for voting purposes shall be the same as the residence given for motor vehicle registration and for state income tax purposes. (d) A person shall not be considered to have gained a residence in this state, or in any county or municipality in this state, while retaining a home or domicile elsewhere. (e) If a person moves to any other state with the intention of making it a permanent residence, that person is considered to have lost Colorado residence after twenty-two days' absence from this state unless the person has evidenced an intent to retain a residence in this state by a self-affirmation executed pursuant to section 1-7.5-107 (3)(b.5). (f) After a person moves from one residence to another and has made the new residence his or her sole legal place of residence, the person is considered to have residence at the residence in this state to which the person moved. Source: L. 92: Entire article R&RE, p. 636, § 2, effective January 1, 1993. L. 94: (1)(e) and (1)(f) amended, p. 1752, § 5, effective January 1, 1995. L. 96: (1)(a) and (1)(e) amended, pp. 1734, 1773, §§ 8, 77, effective July 1. L. 2013: (1)(b), (1)(e), and (1)(f) amended, (HB 13-1303), ch. 185, p. 687, § 7, effective May 10. L. 2014: (1)(f) amended, (SB 14-161), ch. 160, p. 555, § 2, effective May 9. L. 2018: (1)(a)(II) amended, (SB 18-233), ch. 262, p. 1603, § 2, effective May 29. Editor's note: This section is similar to former § 1-2-102 as it existed prior to 1992. Cross references: (1) For change of residence, see § 1-2-216; for penalty for voting by giving false information regarding place of residence, see § 1-2-228; for residency requirement for electors, see § 1-2-101 (1)(b); for emergency registration in certain cases of change of residence, see § 1-2-217.5. (2) In 2013, subsections (1)(b), (1)(e), and (1)(f) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 30 of 513 Uncertified Printout 1-2-103. Military service - students - inmates - persons with behavioral or mental health disorders - confinement. (1) For the purposes of registration, voting, and eligibility for office, no person gains residence by reason of that person's presence, or loses it by reason of absence, while in the civil or military service of the state or of the United States; while a student at any institution of higher education; or while confined in a correctional facility, jail, or state institution if the person is not serving a sentence for a felony conviction. (2) The provisions of subsection (1) of this section notwithstanding, no person otherwise qualified under the provisions of this code shall be denied the right to register or to vote at any election held within this state solely because that person is a student at an institution of higher education. (3) No provision in this section shall apply in the determination of residence or residence status of students for any college or university purpose. (4) No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election. A confined prisoner who is awaiting trial but has not been tried or who is not serving a sentence for a felony conviction shall be certified by the institutional administrator, may register to vote pursuant to this article 2, and may list his or her confinement location as his or her ballot address in accordance with section 1-2-204 (2)(f.3). An individual serving a sentence of parole is eligible to register to vote and to vote in any election. (5) A person confined in a state institution for persons with behavioral or mental health disorders shall not lose the right to vote because of the confinement. Source: L. 92: Entire article R&RE, p. 637, § 2, effective January 1, 1993. L. 95: (4) amended, p. 821, § 6, effective July 1. L. 2005: (4) amended, p. 1395, § 5, effective June 6; (4) amended, p. 1430, § 5, effective June 6. L. 2006: (5) amended, p. 1394, § 29, effective August 7. L. 2017: (5) amended, (SB 17-242), ch. 263, p. 1262, § 29, effective May 25. L. 2018: (1) and (4) amended, (SB 18-233), ch. 262, p. 1604, § 3, effective May 29. L. 2019: (4) amended, (HB 19-1266), ch. 283, p. 2643, § 3, effective July 1. Editor's note: (1) This section is similar to former § 1-2-103 as it existed prior to 1992. (2) Section 7 of chapter 283 (HB 19-1266), Session Laws of Colorado 2019, provides that the act changing this section applies to any individual seeking to register to vote or to vote on or after July 1, 2019. Cross references: (1) For when residence does not change because of presence in the state as a student, inmate, or due to civil or military service, see § 4 of art. VII, Colo. Const.; for disfranchisement during imprisonment, see § 10 of art. VII, Colo. Const. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019. 1-2-104. Additional qualifications. The authorizing legislation, as defined in section 11-104 (1.5), may provide additional or alternative qualifications for a person to become an eligible elector of a political subdivision. Colorado Revised Statutes 2019 Page 31 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 638, § 2, effective January 1, 1993. L. 94: (1)(a) amended, p. 1752, § 6, effective January 1, 1995. L. 96: Entire section amended, p. 1735, § 9, effective July 1. Editor's note: This section is similar to former § 1-2-104 as it existed prior to 1992. PART 2 REGISTRATION OF ELECTORS 1-2-201. Registration required - deadlines - additional identifying information to be provided by first-time registrants. (1) No person shall be permitted to cast a regular ballot at any election without first having been registered within the time and in the manner required by the provisions of this article. No charge shall be made for registration. (2) Each elector registering shall sign his or her name on the registration record or, if unable to write, shall make a personal mark or be provided assistance to make such a mark by the county clerk and recorder or any other person authorized by the county clerk and recorder or the elector. The elector shall answer the questions required by section 1-2-204 and shall complete the self-affirmation required by section 1-2-205. (3) (a) Any other provisions of this title to the contrary notwithstanding, an elector is permitted to vote in any primary, presidential, general, coordinated, special legislative, municipal, congressional vacancy, special district, or other election if he or she timely registers to vote before or on the date of such election. (b) An elector may timely register to vote by: (I) Submitting an application through a voter registration drive no later than twenty-two days before the election; except that, if the twenty-second day before an election is a Saturday, Sunday, or legal holiday, the elector is permitted to register on the next day that is not a Saturday, Sunday, or legal holiday; (II) Registering through a high school, in accordance with part 4 of this article 2; (III) Submitting an application through the mail, a voter registration agency, a local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5 (7)(c), through the eighth day prior to an election; except that, if the eighth day before an election is a Saturday, Sunday, or legal holiday, the elector is permitted to register on the next day that is not a Saturday, Sunday, or legal holiday; (IV) Appearing in-person at the elector's county clerk and recorder's office at any time during which registration is permitted at the office; or (V) Appearing in-person at a voter service and polling center pursuant to section 1-2217.7 at any time during which the voter service and polling center is open, including on election day. (4) To receive a ballot by mail for an election conducted under this code, an elector must submit his or her voter registration application on or before the eighth day before the election. (5) An elector who submits a voter registration form and has not previously voted in the state shall: Colorado Revised Statutes 2019 Page 32 of 513 Uncertified Printout (a) Submit with the voter registration form a copy of identification as defined in section 1-1-104 (19.5), the elector's driver's license number, or the last four digits of the elector's social security number; or (b) Submit a copy of identification as defined in section 1-1-104 (19.5) with the elector's mail ballot in accordance with section 1-7.5-107 (3.5). Source: L. 92: Entire article R&RE, p. 638, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1752, § 7, effective January 1, 1995. L. 96: (2) amended and (3) added, p. 1735, §§ 10, 11, effective July 1. L. 97: (3) amended, p. 471, § 2, effective July 1. L. 99: (3) amended, p. 757, § 4, effective May 20; (3) amended, p. 1389, § 6, effective June 4. L. 2005: (1) amended, p. 1395, § 6, effective June 6; (1) amended, p. 1430, § 6, effective June 6. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 688, § 8, effective May 10. L. 2014: (3)(b)(I) and (3)(b)(III) amended and (4) added, (SB 14-161), ch. 160, p. 556, § 3, effective May 9. L. 2016: (5) added, (SB 16142), ch. 173, p. 567, § 7, effective May 18. Editor's note: (1) This section is similar to former § 1-2-201 as it existed prior to 1992. (2) In 1996, § 1-1-114 was relocated to subsection (3). (3) Amendments to subsection (3) by Senate Bill 99-025 and House Bill 99-1097 were harmonized. (4) Subsection (5) is similar to the former § 1-2-501 (1.5), as it existed prior to 2016. Cross references: (1) For eligibility of nonresident citizens to vote, see article 8.3 of this title; for emergency registration in certain cases of change of residence, see § 1-2-217.5; for challenge of registration, see § 1-9-101. For offenses relating to registration, see §§ 1-13-201 and 1-13-203 to 1-13-205. (2) In 2013, subsection (3) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-202. Registration by county clerk and recorder. (1) The county clerk and recorder shall register any eligible elector residing in any precinct in the state of Colorado who appears in person at any office regularly maintained by the county clerk and recorder and staffed by regular employees at any time. If the elector resides in a county other than where he or she is registering, the registration shall be forwarded to the county clerk and recorder of the county in which the elector resides. (2) Each municipal clerk shall serve as a deputy registrar. The municipal clerk shall register any eligible elector who appears in person at the municipal clerk's primary office at any time during which registration is permitted in the office of the county clerk and recorder. The municipal clerk shall deliver the new registration records to the office of the county clerk and recorder either in person or by mail no later than the tenth day of each month for the month immediately prior and in person on the day following the last day for registration preceding any election for which registration is required. (3) (Deleted by amendment, L. 94, p. 1753, § 8, effective January 1, 1995.) (4) If the county clerk and recorder finds that a precinct is composed of three percent or more non-English-speaking eligible electors, the county clerk and recorder shall take affirmative Colorado Revised Statutes 2019 Page 33 of 513 Uncertified Printout action to recruit full-time or part-time staff members who are fluent in the language used by the eligible electors and in English. The action shall be conducted through voluntarily donated public service notices in the media, including newspapers, radio, and television, particularly those media which serve those non-English-speaking persons. (5) Repealed. (6) (Deleted by amendment, L. 97, p. 471, § 3, effective July 1, 1997.) (7) Registration records for any election shall include all those electors who have registered up to and including election day. Source: L. 92: Entire article R&RE, p. 639, § 2, effective January 1, 1993. L. 93: (2) amended, p. 1397, § 14, effective July 1. L. 94: (1) amended, p. 1151, § 6, effective July 1; (1), (2), (3), and (7) amended, p. 1753, § 8, effective January 1, 1995. L. 95: (1), (2), and (7) amended, p. 821, § 7, effective July 1. L. 97: (1), (2), (6), and (7) amended, p. 471, § 3, effective July 1. L. 99: (2) amended, p. 757, § 5, effective May 20. L. 2010: (5) repealed, (HB 10-1116), ch. 194, p. 829, § 1, effective May 5. L. 2013: (7) amended, (HB 13-1303), ch. 185, p. 688, § 9, effective May 10. Editor's note: (1) This section is similar to former § 1-2-202 as it existed prior to 1992. (2) Amendments to subsection (1) by House Bill 94-1286 and House Bill 94-1294 were harmonized. Cross references: (1) For verification of registration sheets and admissibility thereof in evidence in criminal proceedings for election offenses, see §§ 1-2-205 (4) and 1-13-207; for questions answered and oath taken by the elector, see §§ 1-2-204 and 1-2-205. (2) In 2013, subsection (7) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-202.5. Online voter registration - online changes in elector information. (1) (a) An elector may register to vote, and a registered elector may change his or her residence in the registration record or change or withdraw his or her affiliation, by completing an electronic form on the official website of the secretary of state if the elector's signature is stored in digital form in the database systems maintained by the department of state pursuant to section 1-2-301 (1) or accessible to the department of state in accordance with the requirements of section 1-2-302 (6). (b) The official website referenced in paragraph (a) of this subsection (1) shall be fully secure. The website shall maintain the confidentiality of all users and preserve the integrity of the data submitted. Further specifications regarding the security of the website may be promulgated by the secretary by rule in accordance with the provisions of section 1-1-107 (2)(a). (1.5) A person may preregister pursuant to section 1-2-101 (2) on the official website referenced in, and in accordance with the signature requirements of, subsection (1) of this section, and any person that has preregistered may change his or her information on the registration record by completing an electronic form on the official website referenced in subsection (1) of this section. Colorado Revised Statutes 2019 Page 34 of 513 Uncertified Printout (2) The secretary of state shall make available on the secretary of state's official website electronic forms for persons to apply to register to vote and for a registered elector to change his or her residence or change or withdraw his or her affiliation. (3) The electronic voter registration form must include: (a) (I) The questions "Are you a citizen of the United States of America?", "Are you at least sixteen years of age?", "Do you understand that you must be at least seventeen years old and turning eighteen years old on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen years old to be eligible to vote in any other election?", "Have you resided in Colorado for at least twenty-two days immediately prior to the election?","Do you reside in the precinct in which you intend to register?", "Is the address you have listed your sole legal place of residence for purposes of voting?", and "Do you affirm that you will not cast more than one ballot in any election?" and places for the elector to input answers to the questions. (II) Following the questions listed in subparagraph (I) of this paragraph (a), the form shall include the statement "If you checked 'no' in response to any of these questions, do not complete this application because you do not qualify as an eligible elector in accordance with section 1-2-101, Colorado Revised Statutes.". (b) The questions specified in section 1-2-204 (2) with places for the elector to input information in response to the questions; (c) A place for the elector to input additional information, as determined by the secretary of state, necessary to locate the elector's signature in the database systems specified in subsection (1) of this section and a place for the elector to assent to the use of the signature for voter registration purposes; (d) The self-affirmation required under section 1-2-205; and (e) A statement that notifies the user of the website that it is against the law to knowingly submit false information or to tamper with another person's voter registration information. (4) (a) The electronic form for a registered elector to change his or her residence shall include the information required by section 1-2-216 (1). (b) The electronic form for a registered elector to change or withdraw his or her affiliation shall include the information required by section 1-2-219 (1). (c) Repealed. (d) In addition to any other requirements of this section, in order for a registered elector to access the electronic form to change his or her residence or change or withdraw his or her affiliation, the registered elector shall submit his or her birth date and, if the elector wishes to state them, the last four digits of his or her social security number. (5) An elector's assent on the electronic application to the use of his or her signature for voter registration purposes meets the signature requirement of section 1-2-201 (2). (6) The county clerk and recorder shall determine if the information submitted on the electronic form is complete prior to approving a new registration or approving an elector's change in residence or change in or withdrawal of his or her affiliation. (7) (a) When a person completes an electronic voter registration form in accordance with subsection (3) of this section and is qualified to register based on the information provided in the form, the county clerk and recorder shall search for the elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and Colorado Revised Statutes 2019 Page 35 of 513 Uncertified Printout recorder shall approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1). (b) When a registered elector completes an electronic form to change his or her residence or change or withdraw his or her affiliation, the county clerk and recorder shall search for the registered elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1). (c) (I) A person attempting to register or update his or her residence through the online voter registration system after the eighth day before an election shall be registered and immediately informed that the person must instead visit a voter service and polling center to receive a ballot for the election. (II) A change or withdrawal of affiliation made in accordance with this section applies to an election if the elector completes the electronic form no later than twenty-nine days before the election; except that, if the twenty-ninth day before an election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday. (8) (a) No later than July 1, 2011, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information on file with the department of revenue for driver's license or identification card purposes. (b) No sooner than November 1, 2011, and no later than January 1, 2012, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information for state income tax purposes. Source: L. 2009: Entire section added, (HB 09-1160), ch. 263, p. 1205, § 1, effective May 15. L. 2010: (8) added, (HB 10-1045), ch. 317, p. 1478, § 1, effective July 1, 2011. L. 2013: (1)(a), (2), IP(3), (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) amended and (4)(c) repealed, (HB 13-1303), ch. 185, p. 688, § 10, effective May 10; (1.5) added, (HB 13-1135), ch. 184, p. 678, § 2; effective August 7. L. 2014: (4)(d), (7)(b), and (7)(c)(I) amended, (SB 14-161), ch. 160, p. 556, § 4, effective May 9. L. 2016: (3)(b), (3)(d), and (7)(c)(II) amended, (SB 16-142), ch. 173, p. 567, § 8, effective May 18. L. 2017: (1)(a) amended, (HB 17-1107), ch. 101, p. 376, § 35, effective August 9. L. 2019: (3)(a)(I) amended, (HB 19-1278), ch. 326, p. 3006, § 4, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsections (1)(a) and (2), the introductory portion to subsection (3), and subsections (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) were amended and subsection (4)(c) was repealed by the "Voter Access and Modernized Elections Act". For the Colorado Revised Statutes 2019 Page 36 of 513 Uncertified Printout short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-203. Registration on Indian reservations. (1) The secretary or secretary's designee of any tribal council of an Indian tribe located on a federal reservation serves as a deputy registrar only for registration purposes for the county in which the reservation is located. The secretary of the tribal council or the secretary's designee shall register any eligible elector residing in any precinct in the county who provides a complete voter registration application to the secretary of the tribal council at any time during which registration is permitted in the office of the county clerk and recorder. The secretary of the tribal council shall forward the registration records to the county clerk and recorder, either in person or by certified mail, on or before the fifteenth day of each month; except that, within twenty-two days before an election, the secretary of the tribal council shall appear in person or transmit daily to deliver any registration records to the county clerk and recorder. Within eight days before an election, the secretary of the tribal council shall accept an application and inform the applicant that he or she must go to a voter service and polling center in order to vote in that election. (2) An eligible elector who lives on an Indian reservation, but who does not have a residence address recognized by the United States postal service, may register to vote using, as his or her residence address, the address of the tribal council headquarters or any other address approved by the secretary of the tribal council. Source: L. 92: Entire article R&RE, p. 640, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1398, § 15, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 568, § 9, effective May 18. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3006, § 5, effective August 2. Editor's note: (1) This section is similar to former § 1-2-202.5 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-204. Questions answered by elector - rules. (1) Repealed. (2) In addition, each elector shall correctly answer the following: (a) The elector's name in full; (b) The elector's place of residence, including municipal address with street number or, if there is no street number, by legal description of the land upon which the residence sits, including lot, block, addition, division, or subdivision, as applicable. In all other cases, the residence shall be described by the section or subdivision in the township and range as Colorado Revised Statutes 2019 Page 37 of 513 Uncertified Printout established and numbered by the United States government survey. If the place of residence is an apartment house, rooming house, dormitory, hotel, or motel, the number of the floor and the number of the apartment or room shall also be given. No vacant lot or business address shall be considered a residence. A post office box number shall not be used as a place of residence for the purposes of this subsection (2). (c) Whether the elector is a citizen of the United States; (d) The elector's gender identity, if the elector wishes to state it; (e) The elector's date of birth; (f) The elector's deliverable mailing address if different from the elector's address of record; (f.3) The address where the elector wishes to receive his or her ballot if different from the address of record; (f.5) The elector's current and valid Colorado driver's license number, the number of the current and valid identification card issued to the elector in accordance with part 3 of article 2 of title 42, or the last four digits of the elector's social security number. If the elector does not have a social security number or a current and valid Colorado driver's license or identification card, the elector shall answer that he or she does not have a social security number or a current and valid Colorado driver's license or identification card. (g) Repealed. (h) Whether or not the elector is registered to vote in another county of this state; (i) Whether or not the elector was registered to vote in another state; (j) The elector's affiliation, if any, if the eligible elector desires to affiliate with any political party or political organization. If this question is not answered, the elector shall be registered as "unaffiliated". Only the eligible elector personally shall declare the eligible elector's affiliation. (j.5) In the case of an unaffiliated elector, the name of the political party, if any, whose primary election ballot the elector desires to receive in the mail; (k) Repealed. (l) The question "Do you affirm that you meet the voter registration qualifications and that the information you have provided in this application is true to the best of your knowledge and belief?". (2.5) If an applicant for voter registration has not been issued a current and valid Colorado driver's license, a current and valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or a social security number, the secretary of state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. Insofar as the department of state has created a computerized statewide voter registration list in accordance with the requirements of part 3 of this article and the list assigns unique identifying numbers to registrants, the number assigned under this subsection (2.5) shall be the unique identifying number assigned under the list. (2.7) The form used for registration of electors shall contain a statement that the applicant must comply with the requirements of paragraph (f.5) of subsection (2) of this section, that an applicant who is qualified to vote in this state but does not have a driver's license, stateissued identification card, or social security number may still register to vote, and that the Colorado Revised Statutes 2019 Page 38 of 513 Uncertified Printout secretary of state will assign an identifying number to such an applicant for voter registration purposes. (3) (a) If the county clerk and recorder has reasonable cause to believe that an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action. (b) If the elector states that the elector's present address is the elector's sole legal residence and that the elector claims no other place as the elector's legal residence and if the elector meets the qualifications of section 1-2-101, the county clerk and recorder shall proceed to register the elector. (c) If the elector does not comply with the requirements of subsections (1) and (2) of this section, the county clerk and recorder shall not register the elector. (4) (a) If the registration record of a registered elector does not contain the last four digits of the elector's social security number, the county clerk and recorder shall request the elector to provide the last four digits of the elector's social security number. The request may be made of the registered elector by the county clerk and recorder: (I) In any written communication by mail from the county clerk and recorder to the registered elector; (II) At any voter service and polling center in the registered elector's county; (III) Repealed. (IV) In materials to be returned by the registered elector with a mail ballot. (b) No registered elector shall be prohibited from voting at any election for failure to provide the last four digits of the elector's social security number or the elector's full social security number. (c) Any social security number or the last four digits of a social security number of an elector that is obtained by the county clerk and recorder from such elector pursuant to this section shall be held confidential and shall not be published or be open to or available for public inspection. The county clerk and recorder shall develop appropriate security measures to ensure the confidentiality of such numbers. (d) The last four digits of a social security number described in this section shall not be considered a social security number for purposes of section 7 of the federal "Privacy Act of 1974", Pub.L. 93-579. (4.5) This section does not apply to a covered voter, as defined in section 1-8.3-102, who is registering to vote pursuant to section 1-8.3-107. (5) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to determine the identity of a resident of a group residential facility, as defined in section 1-1-104 (18.5), and any rules necessary to ensure the consistent application of such identification rules. Source: L. 92: Entire article R&RE, p. 641, § 2, effective January 1, 1993. L. 93: (2)(j) amended, p. 1398, § 16, effective July 1. L. 94: (1)(d) amended, p. 1753, § 9, effective January 1, 1995. L. 95: (2)(f) amended, p. 822, § 8, effective July 1. L. 97: (2)(i) amended, p. 472, § 4, effective July 1. L. 98: (2)(f.5) and (4) added and (2)(g) amended, p. 279, §§1, 2, effective April 14. L. 99: (2)(f) amended and (2)(k) added, p. 279, § 3, effective August 4; (2)(j) amended, p. 158, § 2, effective August 4. L. 2003: (2)(f.5) amended and (2.5) added, p. 2072, § 8, effective May 22. L. 2004: (2)(c), (2)(d), and (2)(f.5) amended, p. 426, § 2, effective April 13; (2)(f.5), Colorado Revised Statutes 2019 Page 39 of 513 Uncertified Printout IP(4)(a), (4)(a)(I), and (4)(b) amended and (4)(d) added, p. 1051, § 2, effective May 21. L. 2006: (2)(f.5) amended and (2.7) and (3)(c) added, pp. 2028, 2029, §§ 1, 2, effective June 6. L. 2007: (4)(a)(IV) amended, p. 1775, § 2, effective June 1; (2)(f.5) amended, p. 1968, § 4, effective August 3. L. 2009: (5) added, (HB 09-1336), ch. 261, p. 1198, § 5, effective August 5. L. 2012: (2)(d) amended, (HB 12-1292), ch. 181, p. 677, § 3, effective May 17. L. 2013: (2)(g) and (4)(a)(III) repealed, (2)(k), IP(4)(a), (4)(a)(II), and (4)(a)(IV) amended, and (2)(l) added, (HB 13-1303), ch. 185, p. 690, § 11, effective May 10. L. 2016: (1) repealed, IP(2) and (2)(d) amended, and (4.5) added, (SB 16-142), ch. 173, p. 568, § 10, effective May 18. L. 2017: (2)(j.5) added, (SB 17-305), ch. 216, p. 841, § 1, effective August 9. L. 2018: (2)(f.3) added, (2)(i) amended, and (2)(k) repealed, (SB 18-233), ch. 262, p. 1604, § 4, effective May 29. L. 2019: (2)(f.5) amended, (HB 19-1278), ch. 326, p. 3006, § 6, effective August 2. Editor's note: (1) This section is similar to former § 1-2-203 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsections (2)(g) and (4)(a)(III) were repealed, subsection (2)(k), the introductory portion to subsection (4)(a), and subsections (4)(a)(II) and (4)(a)(IV) were amended, and subsection (2)(l) was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-205. Self-affirmation made by elector. (1) The registration record to be signed by the elector shall bear the following statement: WARNING: IT IS A CLASS 1 MISDEMEANOR: To swear or affirm falsely as to your qualifications to register to vote. (2) Each elector making application for registration or preregistration shall make the following self-affirmation: "I, ...., affirm that I am a citizen of the United States; I have been a resident of Colorado for at least twenty-two days immediately before an election I intend to vote in; I am at least sixteen years old; and I understand that I must be at least seventeen and turning eighteen on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen to be eligible to vote in any other election. I further affirm that the residence address I provided is my sole legal place of residence. I certify under penalty of perjury that the information I have provided on this application is true to the best of my knowledge and belief; and that I have not, nor will I, cast more than one ballot in any election.". (3) (Deleted by amendment, L. 94, p. 1754, § 10, effective January 1, 1995.) (4) The elector shall sign the registration record as evidence of the affirmation made by the elector. (5) This section does not apply to a person registered in accordance with section 1-2213.3 or 1-2-502.5. Colorado Revised Statutes 2019 Page 40 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 643, § 2, effective January 1, 1993. L. 94: (2), (3), and (4) amended, p. 1754, § 10, effective January 1, 1995. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 691, § 12, effective May 10; (2) amended, (HB 13-1135), ch. 184, p. 678, § 3, effective August 7; (2) amended, (HB 13-1303), ch. 185, p. 691, § 12, effective August 7. L. 2014: (2) amended, (SB 14-161), ch. 160, p. 557, § 5, effective May 9. L. 2018: (2) amended, (SB 18-150), ch. 261, p. 1600, § 2, effective July 1, 2019. L. 2019: (2) amended and (5) added, (SB 19-235), ch. 329, p. 3056, § 9, effective August 2; (2) amended, (HB 19-1278), ch. 326, p. 3007, § 7, effective August 2. Editor's note: (1) This section is similar to former § 1-2-204 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. (3) Amendments to subsection (2) by HB 19-1278 and SB 19-235 were harmonized. Cross references: (1) For procuring false registration, see § 1-13-203. (2) In 2013, subsections (1) and (2) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-206. Declaration of party affiliation. (Repealed) Source: L. 92: Entire article R&RE, p. 643, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1152, § 7, effective July 1. L. 96: (2) repealed, p. 1736, § 12, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4. 1-2-207. Affidavit registration. (Repealed) Source: L. 92: Entire article R&RE, p. 644, § 2, effective January 1, 1993. L. 94: Entire section repealed, p. 1754, §§ 11, 48, effective January 1, 1995. 1-2-208. Registration by federal postcard application - definitions. (Repealed) Source: L. 92: Entire article R&RE, p. 644, § 2, effective January 1, 1993. L. 94: (1) amended, p. 1755, § 12, effective January 1, 1995. L. 95: (1) amended, p. 822, § 9, effective July 1. L. 99: (1) amended, p. 757, § 6, effective May 20. L. 2003: (1), (2), and (3) amended and (2.5) added, p. 1332, § 1, effective August 6. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13. 1-2-209. Registration of citizens who reside outside the United States - federal law. (Repealed) Colorado Revised Statutes 2019 Page 41 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 645, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1755, § 13, effective January 1, 1995. L. 95: (2) amended, p. 822, § 10, effective July 1. L. 97: (3) amended, p. 475, § 15, effective July 1. L. 99: (2) amended, p. 758, § 7, effective May 20. L. 2003: IP(1) and (3) amended, p. 1333, § 2, effective August 6. L. 2007: (3) amended, p. 1776, § 3, effective June 1; (1.5) added, p. 1041, § 1, effective August 3. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13. 1-2-209.5. Absent uniformed services and overseas electors - simultaneous voter registration and absentee ballot application - designated office - cooperation with military units. (Repealed) Source: L. 2003: Entire section added, p. 1334, § 3, effective August 6. L. 2007: (1) amended, p. 1776, § 4, effective June 1; (2)(b) amended, p. 1041, § 2, effective August 3. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13. 1-2-210. Registration for congressional vacancy elections. Except as otherwise provided in section 1-4-401.5, in any congressional vacancy election, the time and method of registration and performance of other acts shall be as provided in this part 2 for general elections. In every other respect, the election shall be held in conformity with this part 2 as far as practicable. Any congressional vacancy election shall be called in sufficient time before the date of the election to permit the county clerk and recorder to comply with the provisions of this part 2. Source: L. 92: Entire article R&RE, p. 646, § 2, effective January 1, 1993. L. 2008: Entire section amended, p. 409, § 1, effective August 5. Editor's note: This section is similar to former § 1-2-211 as it existed prior to 1992. 1-2-210.5. Registration of and voting by persons in custody of division of youth services - definitions. (1) In the case of any individual committed to a juvenile facility and in the custody of the division of youth services in the department of human services created in section 19-2-203 (1) who is eighteen years of age or older on the date of the next election, the administrator of the facility in which the individual is committed shall facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the administrator shall provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official. (2) The administrator and the secretary of state shall post the type or kind of verification satisfying the requirements of section 1-1-104 (19.5)(d) in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification under section 1-1-104 (19.5) permitting the individuals possessing such identification to register to vote and cast a ballot. Colorado Revised Statutes 2019 Page 42 of 513 Uncertified Printout (3) Notwithstanding any other provision of law, an administrator is exempt from any restriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official. (4) The administrator shall forward applications made under this section on a weekly basis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides. (5) As used in this section: (a) "Administrator" means the administrator, or his or her designee, of the division of youth services created in section 19-2-203 (1), a residential facility operated by the division of youth services, or a residential facility that contracts with the division of youth services in which a person committed to the department of human services is confined and eligible to register to vote and cast a ballot. (b) (I) "Voter information materials" means the following documents, as applicable to the election for which the individual seeks to register to vote and cast a ballot: (A) Any forms used to register an elector under this part 2; (B) An application for a mail ballot pursuant to section 1-13.5-1002; (C) A copy of a ballot information booklet described in section 1-40-124.5; and (D) Any mailings to electors that are described in section 1-40-125. (II) Upon an administrator's written request to the legislative council staff or a county clerk and recorder for copies of the documents specified in sub-subparagraph (C) or (D) of subparagraph (I) of this paragraph (b), the legislative council staff or county clerk and recorder, as applicable, shall timely provide copies of the documents to the administrator in a sufficient number to cover the number of individuals who are authorized to register and vote under this section and who are either residing in the administrator's facility or under the supervision of the administrator's program. Source: L. 2013: Entire section added, (HB 13-1038), ch. 28, p. 67, § 2, effective March 15. L. 2014: (1) and (5)(b)(I)(B) amended, (HB 14-1164), ch. 2, p. 71, § 34, effective February 18. L. 2017: (1) and (5)(a) amended, (HB 17-1329), ch. 381, p. 1968, § 11, effective June 6. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-2-211. Establishment and conduct of branch registration sites. (Repealed) Source: L. 92: Entire article R&RE, p. 647, § 2, effective January 1, 1993. L. 94: Entire section repealed, p. 1755, § 14, effective January 1, 1995. 1-2-212. (Repealed) Mobile registration sites - definitions - establishment and conduct. Colorado Revised Statutes 2019 Page 43 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993. L. 94: (2)(a) and (2)(b) amended, p. 1756, § 15, effective January 1, 1995. L. 95: (2)(b) amended, p. 823, § 11, effective July 1. L. 97: Entire section repealed, p. 472, § 5, effective July 1. 1-2-213. Registration at driver's license examination facilities. (1) The department of revenue, through its local driver's license examination facilities, shall provide each eligible elector who applies for the issuance, renewal, or correction of any type of driver's license or for an identification card pursuant to part 3 of article 2 of title 42, C.R.S., an opportunity to complete an application to register to vote, which application provides the information required under this part 2. (2) (a) An applicant who wishes to complete an application for registration must provide the information required by section 1-2-204 with the exception of the information required by section 1-2-204 (2)(f.3). The applicant shall also sign the self-affirmation required by section 12-205. (b) The application for registration shall not require any information that duplicates information required in the driver's license portion of the form other than a second signature or other information necessary to assure that the applicant meets the eligibility requirements for registration. The application may require only the minimum amount of information necessary to prevent duplicate voter registrations and enable the county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process. (c) The application shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration statistics purposes. (d) Applications and changes must be forwarded on a weekly basis, or on a daily basis during the last week prior to any election conducted by the county clerk and recorder, to the county clerk and recorder of the county in which the applicant resides. (e) The department of revenue, through its local driver's license examination facilities, shall notify a program participant, as defined in section 24-30-2103 (9), C.R.S., who submits a current and valid address confidentiality program authorization card of the provisions of section 24-30-2108 (4), C.R.S., and inform the participant about how he or she may use a substitute address, as defined in section 24-30-2103 (14), C.R.S., on the driver's license or identification card. (3) Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the application is complete, the applicant shall be deemed registered as of the date of application. If the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered as of the date of application if the additional information is provided at any time prior to the actual voting. (4) (Deleted by amendment, L. 94, p. 1756, § 16, effective January 1, 1995.) (5) The department of revenue and the secretary of state shall jointly develop an application form or process, and a change of name and address form or process, that allows an applicant wishing to register to vote to do so without duplicating any information required for Colorado Revised Statutes 2019 Page 44 of 513 Uncertified Printout the issuance, renewal, or correction of the driver's license or identification card. Any such forms must be furnished to the local driver's license examination facilities by the department of revenue. (6) (a) Any registered elector who informs a driver's license examination facility of a change of name or address must have notice of the change of name or address forwarded by the driver's license examination facility to the county clerk and recorder of the county in which the elector resides. (b) The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as "active", and send to the elector's address of record, by forwardable mail, notice of the change and a postage paid pre-addressed return form by which the elector may verify or correct the information. (c) If the elector returns the form described in subsection (6)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector's previously updated information in the statewide voter registration database. (7) No information relating to the failure of an applicant for a driver's license to sign a voter registration application may be used for any purpose other than voter registration statistics. Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993. L. 93: (1) and (2) amended, p. 1398, § 17, effective July 1. L. 94: (1) amended, p. 2542, § 7, effective January 1, 1995; (2), (4), and (6) amended and (7) added, p. 1756, § 16, effective January 1, 1995. L. 96: (2)(c), (2)(d), and (7) amended, p. 1736, § 13, effective July 1. L. 97: (2)(d) amended, p. 472, § 6, effective July 1. L. 2004: (5) amended, p. 191, § 1, effective August 4. L. 2007: (2)(e) added, p. 1699, § 1, effective July 1. L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 829, § 2, effective May 5. L. 2011: (2)(e) amended, (HB 11-1080), ch. 256, p. 1123, § 4, effective June 2. L. 2013: (2)(e) amended, (HB 13-1300), ch. 316, p. 1661, § 1, effective August 7; (2)(a) amended, (HB 13-1135), ch. 184, p. 678, § 4, effective January 1, 2014. L. 2016: (1), (2)(a), (2)(d), (5), and (6) amended, (SB 16-142), ch. 173, p. 569, § 11, effective May 18. L. 2018: (2)(a) and (6) amended, (SB 18-233), ch. 262, p. 1604, § 5, effective May 29. Editor's note: This section is similar to former § 1-2-212.5 as it existed prior to 1992. 1-2-213.3. Transfer of new voter registration records from department of revenue. [Editor's note: This section is effective July 1, 2020.] (1) (a) In addition to the requirements of section 1-2-213 for registered electors, the department of revenue shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, county of residence, citizenship information for, and an electronic copy of the signature of each unregistered elector and each person eligible to preregister in accordance with section 12-101 (2) who provides a document that demonstrates United States citizenship and who applies for the issuance, renewal, or correction of any type of driver's license or identification card pursuant to part 3 of article 2 of title 42; except that the department of state shall not use the record of an individual who applies for or renews an identification document under part 5 of Colorado Revised Statutes 2019 Page 45 of 513 Uncertified Printout article 2 of title 42 or the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes. (b) The department of revenue shall continue to offer any person not registered to vote pursuant to subsection (2) of this section an opportunity to register to vote pursuant to section 12-213, unless they have provided documentation demonstrating a lack of United States citizenship. (2) Upon receiving an electronic record for an individual who provided documentation that confirmed his or her citizenship and contains the minimum information to register the individual to vote, the secretary of state shall provide the information to the county clerk and recorder of the county in which the person resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration. (3) If the record is complete for purposes of voter registration or preregistration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail: (a) If the record is for an eligible elector, notice that the elector has been registered to vote and a postage paid pre-addressed return form by which the elector may: (I) Decline to be registered as an elector; or (II) Affiliate with a political party; and (b) If the record is for a person eligible to preregister under section 1-2-101 (2), notice that the person has been preregistered and will be automatically registered upon turning eighteen years of age, and a postage paid preaddressed return form by which the person may: (I) Decline to be preregistered; or (II) Affiliate with a political party. (4) If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered or preregistered to vote and stating the additional information required to register or preregister. If the person provides the additional information, the person is registered or preregistered to vote effective as of the date of the person's application with the department of revenue. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (4), the person's registration is cancelled. (5) A notice mailed under subsection (3) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form. (6) The notice provided under subsection (3) of this section must include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if a person remains registered or preregistered to vote, the office at which the person was registered or preregistered will remain confidential and will be used only for voter registration statistics purposes. (7) (a) (I) If a notice provided under subsections (2) and (3) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is cancelled and the person is deemed to have never registered or preregistered. If the notice is returned as undeliverable after twenty days after the Colorado Revised Statutes 2019 Page 46 of 513 Uncertified Printout county clerk and recorder mails the notice, the person's registration or preregistration is marked inactive. (II) Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be cancelled or marked inactive. (b) If a notice provided under subsection (3) of this section is not returned within twenty days, the person is registered or preregistered as of the date of the person's application at the department of revenue and the person shall be marked as unaffiliated. (c) If a person returns the form provided under subsection (3) of this section and declines to be registered or preregistered, including if the person returns the form and both declines to be registered or preregistered and also affiliates with a party, the person's registration or preregistration is cancelled and the person is deemed to have never registered or preregistered; except that, if the person has voted in an election, the return form is of no effect and the person remains registered as of the date of the person's application with the department of revenue. (d) If a person returns the form provided under subsection (3) of this section and affiliates with a party, the person is registered or preregistered as of the date of the person's application with the department of revenue and the person's affiliation shall be marked effective as of the date the affiliation information was received. (e) If a person returns the form without marking either the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered or preregistered as of the date of the person's application with the department of revenue and shall be marked as unaffiliated. (8) Information relating to the return of a notice form declining to be registered or preregistered shall not be used for any purpose other than voter registration statistics. (9) This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws. Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3048, § 1, effective July 1, 2020. 1-2-213.5. State institutions of higher education - electronic voter registration option - information to students. (1) (a) Any state institution of higher education, as defined in section 23-1-108 (7)(g)(II), C.R.S., that utilizes an electronic course registration process shall provide to each student registering electronically for courses at the institution the opportunity to register to vote by giving each student the option to be electronically directed to the official website of the secretary of state so that he or she may register in accordance with section 1-2202.5. The option shall be provided to students either during or immediately following the electronic registration period for each term or semester. (b) Each state institution of higher education subject to paragraph (a) of this subsection (1) shall implement the electronic voter registration option as soon as practicable, but not later than the next regularly scheduled maintenance to its electronic course registration system process. Colorado Revised Statutes 2019 Page 47 of 513 Uncertified Printout (2) A state institution of higher education that does not utilize an electronic course registration process shall provide to students information regarding how to register to vote, including, at a minimum, prominently posting such information in a clearly visible area of the institution's registrar's office. Source: L. 2013: Entire section added, (HB 13-1147), ch. 122, p. 413, § 1, effective August 7. 1-2-214. Withdrawal of registration. (Repealed) Source: L. 92: Entire article R&RE, p. 650, § 2, effective January 1, 1993. L. 97: Entire section repealed, p. 478, § 23, effective July 1. Editor's note: This section was relocated to § 1-2-601 in 1997. 1-2-215. Certificate of registration. Upon the request of any eligible elector, including requests made at the time of a regular biennial or special school election, special district election, or municipal election, the county clerk and recorder shall make and deliver to the elector a certificate of registration for the elector, setting forth the facts of the elector's registration, including the date, description, and other information recorded in connection with the registration, which certificate shall be attested by the signature of the county clerk and recorder and the seal of the county. Source: L. 92: Entire article R&RE, p. 650, § 2, effective January 1, 1993. Editor's note: This section is similar to former § 1-2-214 as it existed prior to 1992. 1-2-216. Change of address. (1) Any eligible elector who has moved within the state may have his or her residence changed on the registration record by submitting a letter or form furnished by the county clerk and recorder, either by mail, in person, or through the online voter registration system established pursuant to section 1-2-202.5. The letter or form for the change must include the elector's new residence address, mailing address if different from the residence address, old address, printed name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature and the date. (2) Any address change made on the same form or personal letter as a change or withdrawal of affiliation or name change shall be accepted by the county clerk and recorder if the form or personal letter is signed indicating that the elector intended to make the change or withdrawal indicated on the form or in the personal letter. (3) Any eligible elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark, or the elector may have his or her mark attested to by any other person on a prescribed form or personal letter, if the request is not made at the office of the county clerk and recorder. (4) (a) Any eligible elector may complete a change of address form stating, under penalty of perjury, that the elector moved before the election and that, on the day of the election, Colorado Revised Statutes 2019 Page 48 of 513 Uncertified Printout the elector will be living at the new address in the new precinct. Such change of address forms must be submitted as follows: (I) By appearing in-person at a voter service and polling center or clerk and recorder's office in the county in which the elector resides, at any time during which the voter service and polling center or office is open; (II) By submitting, on or before the eighth day before an election, an electronic change of address form through the online voter registration system established pursuant to section 1-2202.5; or (III) By submitting by mail a change of address form that is received by the elector's county clerk and recorder no later than the close of business on the eighth day before any election. (b) The election judges shall allow the registered elector to cast the ballot for their current residence. (c) (Deleted by amendment, L. 2013.) (5) Repealed. Source: L. 92: Entire article R&RE, p. 651, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1399, § 18, effective July 1. L. 94: (1) amended, p. 1152, § 8, effective July 1; (1) and (4) amended, p. 1758, § 17, effective January 1, 1995. L. 95: (4) amended, p. 823, § 12, effective July 1. L. 96: (1) amended, p. 1736, § 14, effective July 1. L. 97: (4)(a) and (5) amended, p. 473, § 7, effective July 1. L. 99: (4)(a) amended, p. 758, § 8, effective May 20. L. 2005: (3) amended, p. 1395, § 7, effective June 6; (3) amended, p. 1430, § 7, effective June 6. L. 2007: (4)(c) amended, p. 1776, § 5, effective June 1. L. 2009: (1) amended, (HB 09-1216), ch. 165, p. 728, § 1, effective August 5; (4)(a) amended, (HB 09-1018), ch. 158, p. 682, § 1, effective August 5. L. 2010: (4)(a) amended, (HB 10-1116), ch. 194, p. 829, § 3, effective May 5. L. 2012: (4)(a) amended, (HB 12-1292), ch. 181, p. 677, § 4, effective May 17. L. 2013: (1) and (4) amended and (5) repealed, (HB 13-1303), ch. 185, p. 692, § 15, effective May 10. Editor's note: (1) This section is similar to former § 1-2-215 as it existed prior to 1992. (2) Amendments to subsection (1) by House Bill 94-1286 and House Bill 94-1294 were harmonized. Cross references: In 2013, subsections (1) and (4) were amended and subsection (5) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-216.5. Verification of change of address. (Repealed) Source: L. 94: Entire section added, p. 1759, § 18, effective January 1, 1995. L. 95: Entire section amended, p. 823, § 13, effective July 1. L. 96: (2) amended, p. 1737, § 15, effective July 1. L. 2014: Entire section repealed, (SB 14-161), ch. 160, p. 567, § 29, effective May 9. 1-2-217. Change in residence after close of registration. (Repealed) Colorado Revised Statutes 2019 Page 49 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 651, § 2, effective January 1, 1993. L. 93: (1) amended, p. 1400, § 19, effective July 1. L. 94: (1) amended, p. 1760, § 19, effective January 1, 1995. L. 95: (1) amended, p. 824, § 14, effective July 1. L. 96: (2) amended, p. 1737, § 16, effective July 1. L. 99: (1) amended, p. 758, § 9, effective May 20. L. 2007: (1) amended, p. 1776, § 6, effective June 1. L. 2010: (2) amended, (HB 10-1116), ch. 194, p. 830, § 4, effective May 5. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (Repealed) Source: L. 94: Entire section added, p. 1759, § 18, effective January 1, 1995. L. 95: (2)(a) and (2)(b) amended and (5) added, p. 824, § 15, effective July 1. L. 96: (1)(b) amended, p. 1466, § 1, effective June 1; (2)(b) amended, p. 1737, § 17, effective July 1. L. 2002: (1)(a), (1)(c), IP(2), (3), (4), and (5) amended, p. 1625, § 1, effective June 7. L. 2003: IP(1), (1)(b), (1)(c), IP(2), (2)(a), and (5) amended, p. 986, § 1, effective April 17. L. 2004: (1)(a) and (1)(b) amended, p. 1052, § 3, effective May 21. L. 2005: (1)(a) and (2) amended, p. 1395, § 8, effective June 6; (1)(a) and (2) amended, p. 1430, § 8, effective June 6. L. 2007: (1)(b) and (2) amended, p. 1968, § 5, effective August 3. L. 2009: (2)(e) added, (HB 09-1205), ch. 383, p. 2078, § 1, effective August 5. L. 2010: (2)(a) repealed, (HB 10-1116), ch. 194, p. 830, § 5, effective May 5. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-217.7. Registration on or immediately prior to election day - locations - rules legislative declaration. (1) The general assembly hereby declares that the intent of this section is to remove barriers to participation in the political process and make voting and registration more convenient and accessible so all citizens who want to vote have the opportunity to exercise their right to vote by allowing such persons to register to vote up to and on election day. (2) Notwithstanding any other provision of law, an elector who is not registered to vote in Colorado or who is registered to vote in Colorado but has moved within the state and needs to make a change of address may register or update his or her address immediately prior to and on election day in accordance with this section and rules adopted pursuant to this section. Upon so registering or updating his or her information, the elector is entitled to vote at any voter service and polling center in the county where the elector registered. (3) Timing. Voter registration within the twenty-two days prior to an election must be conducted: (a) (I) For general elections, from the fifteenth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-5-102.9; or Colorado Revised Statutes 2019 Page 50 of 513 Uncertified Printout (II) For all other elections conducted or coordinated by a county clerk and recorder or for which a county clerk and recorder is the designated election official, from the eighth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-7.5-107; (b) By county clerk and recorders, or their designees who have received such specific training or instruction as may be provided or prescribed by the secretary of state, at the offices of the county clerk and recorders at any time during which registration is permitted at such offices; and (c) Through the eighth day prior to election day, via mail application, voter registration agency, local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5. (3.5) Notwithstanding the deadlines specified in subsection (3) of this section, voter registration applications must be processed pursuant to section 1-2-508 (3). (4) Registration at voter service and polling centers. (a) An elector may register and vote prior to an election or on election day if the elector: (I) Appears in person at a voter service and polling center in the county in which the elector resides at a time when that voter service and polling center is open; (II) Completes and signs a voter registration application in the form prescribed by the secretary of state by rule, which application must include the questions contained in section 1-2204 (2); (III) Completes and signs the self-affirmation specified in section 1-2-205; and (IV) Completes and signs the affidavit described in paragraph (b) of this subsection (4). (b) Repealed. (5) Change of residence at voter service and polling centers. In accordance with section 1-2-216 (4), a registered elector who has moved within the state may update his or her residence by appearing at a voter service and polling center in the elector's county of residence when the voter service and polling center is open. The elector may then vote at the voter service and polling center where the elector updated his or her information. (6) As soon as practicable, a county clerk and recorder shall access the statewide voter registration list maintained pursuant to section 1-2-301 (1) to add or update voter registration information when an elector registers or updates his or her information pursuant to this section. The secretary of state shall prescribe procedures to enable such additions or updates to be accomplished on an expedited basis. (7) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to implement this section. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 693, § 16, effective May 10. L. 2014: (3)(a) and (3)(c) amended and (3.5) added, (SB 14-161), ch. 160, p. 557, § 6, effective May 9. L. 2016: (4)(a)(II) amended and (4)(b) repealed, (SB 16-142), ch. 173, p. 570, § 12, effective May 18. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 51 of 513 Uncertified Printout 1-2-218. Change of name. (1) Any eligible elector who has been registered in the county and who subsequently has had a name change by any legal means may have his or her name changed in the statewide voter registration system by: (a) Appearing before the county clerk and recorder or at a voter service and polling center at any time during which registration at those locations is permitted and submitting the change on forms prescribed by the secretary of state; (b) Sending a personal letter received by the county clerk and recorder at any time during which registration is permitted; or (c) Completing and submitting, on election day, to an election judge forms prescribed by the secretary of state. (2) The prescribed form or personal letter for the change must include the elector's printed former legal name, printed present legal name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature of present legal name and the date. Prescribed forms shall be furnished by the county clerk and recorder upon oral or written request by the elector. (3) A name change shall not be made by anyone other than the elector. Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1400, § 20, effective July 1. L. 2013: Entire section amended, (HB 131303), ch. 185, p. 695, § 17, effective May 10. L. 2016: IP(1) amended, (SB 16-142), ch. 173, p. 570, § 13, effective May 18. Editor's note: This section is similar to former § 1-2-216 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-218.5. Declaration of affiliation. (1) The declaration of affiliation of each registered elector shall remain as recorded in the registration record until the elector changes or withdraws his or her affiliation. (2) Any eligible elector who has not declared an affiliation with a political party or political organization must be designated on the registration records of the county clerk and recorder as "unaffiliated". Any unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election, or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register by submitting a letter or a form furnished by the county clerk and recorder, by mail, in person, or online in accordance with section 1-2-202.5. An unaffiliated eligible elector need not declare an affiliation to vote in a presidential primary election. Source: L. 99: Entire section added, p. 158, § 3, effective August 4. L. 2003: (2) amended, p. 1308, § 2, effective April 22. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 570, § 14, effective May 18. Initiated 2016: (2) amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819; (2) amended, Colorado Revised Statutes 2019 Page 52 of 513 Uncertified Printout Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822. Editor's note: (1) The amendments to subsection (2) by SB 16-142 were harmonized with amendments to the subsection in Propositions 107 and 108 approved by the voters November 8, 2016, and effective upon proclamation of the governor on December 27, 2016. (2) (a) This section was amended by initiatives in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows: FOR: 1,701,599 AGAINST: 953,246 (b) The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. 1-2-219. Changing or withdrawing declaration of affiliation. (1) Any eligible elector desiring to change or withdraw the elector's affiliation may do so by completing and signing a prescribed request for the change or withdrawal and filing it with the county clerk and recorder or by submitting a personal letter written by the elector to the county clerk and recorder at any time up to and including the twenty-ninth day preceding a primary election; except that, if the twenty-ninth day before the primary election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday. The prescribed form or personal letter for the change must include the elector's printed name, address within the county, birth date, social security number, if the elector wishes to state it, and signature, the date, the elector's previous affiliation status, and the requested change in affiliation status. A prescribed form must be furnished by the county clerk and recorder upon the elector's oral or written request. Upon receiving the request, the county clerk and recorder shall change the elector's affiliation on his or her registration record. If the affiliation is withdrawn, the designation on the elector's registration record must be changed to "unaffiliated". If an elector changes affiliation, the elector is entitled to vote, at any primary election, only the ballot of the political party to which the elector is currently affiliated. A change or withdrawal of affiliation may not be made by anyone other than the elector. Notwithstanding any other provision of law, a declaration or change of affiliation made by an unaffiliated elector in accordance with this section must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation as specified in this subsection (1) only applies to a primary election and does not apply to a general or coordinated election. (2) Any declaration, change, or withdrawal of affiliation made on the same form or personal letter as an address or name change shall be accepted by the county clerk and recorder if the form or personal letter is dated and signed so that it is clearly indicated that the elector intended to make the change or withdrawal indicated on the form or in the personal letter. An Colorado Revised Statutes 2019 Page 53 of 513 Uncertified Printout elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark or, on a personal letter, the elector shall have his or her signature attested to by a notary public. Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1401, § 21, effective July 1. L. 99: (1) amended, p. 158, § 4, effective August 4. L. 2003: (1) amended, p. 1309, § 3, effective April 22. L. 2016: (1) amended, (SB 16142), ch. 173, p. 571, § 15, effective May 18. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1605, § 6, effective May 29. Editor's note: This section is similar to former § 1-2-217 as it existed prior to 1992. 1-2-220. Loss of party affiliation. (Repealed) Source: L. 92: Entire article R&RE, p. 653, § 2, effective January 1, 1993. L. 95: Entire section amended, p. 824, § 16, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4. 1-2-221. Continuation of affiliation. (Repealed) Source: L. 92: Entire article R&RE, p. 653, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1402, § 22, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4. 1-2-222. Errors in recording of affiliation. (1) If an elector goes to the elector's legal voting place to vote at any primary election or to the office of the county clerk and recorder and contends that an error has been made in the recording of the elector's affiliation in the statewide voter registration system or that the affiliation has been unlawfully changed or withdrawn, the election judges or the county clerk and recorder shall allow the elector to make and sign an affidavit, which shall be substantially in the form provided in subsection (4) of this section. Any election judge or the county clerk and recorder has authority to administer the oath and take the acknowledgment of the elector's affidavit. When the affidavit is completed, the county clerk and recorder shall make the change as specified in the affidavit using the date of the affidavit as the new affiliation date. (2) (Deleted by amendment, L. 99, p. 159, § 5, effective August 4, 1999.) (3) For the purposes of determining the eligibility of candidates for nomination in accordance with sections 1-4-601 (4)(a) and 1-4-801 (4), the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101, or the eligibility of persons to sign petitions in accordance with section 1-4-801 (2), the date of declaration of the party affiliation of the elector shall be the date of the declaration which the elector alleges by affidavit to have been erroneously recorded or unlawfully changed or withdrawn. (4) Printed affidavit forms shall be furnished to the election judges of the various election precincts. The affidavit form must be substantially as follows: STATE OF COLORADO Colorado Revised Statutes 2019 ) Page 54 of 513 Uncertified Printout ) ss. County of ...........................................................) I, ...................., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made in the statewide voter registration system, do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voter registration system is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliation should be .................... instead of .................... and request that the party affiliation be corrected in the statewide voter registration system. My correct affiliation was made on or before .................... (date) at .................... (place). Dated .................... Signed .................... Subscribed and sworn to before me this ........... day of ..............., 20.... .................................................................. Election Judge or County Clerk Precinct .................................................... County ...................................................... Source: L. 92: Entire article R&RE, p. 654, § 2, effective January 1, 1993. L. 93: (3) amended, p. 1765, § 1, effective June 6. L. 99: (1) and (2) amended, p. 159, § 5, effective August 4. L. 2016: (1) and (4) amended, (SB 16-142), ch. 173, p. 571, § 16, effective May 18. Editor's note: This section is similar to former § 1-2-220 as it existed prior to 1992. 1-2-223. Names transferred when precinct boundaries changed. (1) In case any new election precinct is formed within a county or in case of the division of any existing precinct, the precinct number on the voter's master file record shall be changed to reflect the new precinct number. (2) In case any change is made in precinct boundaries as a result of annexation affecting county boundaries, the county clerk and recorder of the annexing county shall update in the statewide voter registration system the registration records of all electors residing in the annexed territory as soon as practicable. The registrations are considered as continuing registrations with all the registered electors involved having full rights and privileges as if no change in county boundaries had occurred. Source: L. 92: Entire article R&RE, p. 656, § 2, effective January 1, 1993. L. 97: (1) amended, p. 473, § 8, effective July 1. L. 2012: (2) amended, (HB 12-1292), ch. 181, p. 677, § 5, effective May 17. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 572, § 17, effective May 18. Editor's note: This section is similar to former § 1-2-221 as it existed prior to 1992. 1-2-224. Canceling registration. (Repealed) Colorado Revised Statutes 2019 Page 55 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 656, § 2, effective January 1, 1993. L. 93: (6)(a) amended and (9) added, p. 1403, § 23, effective July 1. L. 94: (6)(a) and (7) amended, p. 1152, § 9, effective July 1; (1)(a), (2)(a)(II), (5)(a), (5)(b)(II), (6), and (9) amended, p. 1760, § 20, effective January 1, 1995. L. 95: (1)(a), IP(2), and (9) amended, p. 825, § 17, effective July 1. L. 96: (3.5) added, p. 1738, § 18, effective July 1. L. 97: Entire section repealed, p. 478, § 23, effective July 1. Editor's note: This section was relocated to § 1-2-605 in 1997. 1-2-225. (Repealed) Change of polling place - accessibility for persons with disabilities. Source: L. 92: Entire article R&RE, p. 659, § 2, effective January 1, 1993. L. 93: (1) to (6) amended, pp. 1629, 1403, §§ 1, 24, effective July 1. L. 95: (6) amended, p. 825, § 18, effective July 1. L. 97: (2) amended, pp. 473, 475, §§ 9, 16, effective July 1. L. 99: (6) amended, p. 759, § 10, effective May 20. L. 2010: Entire section repealed, (HB 10-1116), ch. 194, p. 830, § 6, effective May 5. 1-2-226. Deceased electors - purging of registration book. (Repealed) Source: L. 92: Entire article R&RE, p. 661, § 2, effective January 1, 1993. L. 97: (1) and entire section repealed, pp. 475, 478, §§ 17, 23, effective July 1. Editor's note: This section was relocated to § 1-2-602 in 1997. 1-2-227. Custody and preservation of records. (1) (a) Registration records must be left in the custody of the county clerk and recorder, who is responsible for them. Except as provided in paragraph (b) of this subsection (1), the oaths or affirmations, applications for affidavit registration, federal postcard applications, applications for change of residence or change of name, and other papers provided for by this part 2 shall be preserved by the county clerk and recorder and shall not be destroyed until after the next general election. Such registration records, whether paper or digital, are public records subject to examination by any person, and such person has the right to make copies of the records during office hours. (b) A county clerk and recorder may destroy paper voter registration records as soon as they have been digitally recorded in the statewide voter registration system. (2) The voter information provided by a preregistrant who will not turn eighteen years of age by the date of the next election shall be kept confidential in the same manner as, and using the programs developed for, information that is kept confidential pursuant to section 24-72-204 (3.5). Nothing in this subsection (2) shall be construed to require any request, application, or fee for such confidentiality. When the preregistrant will be eighteen years of age on the date of the next election, or on January 1 of the year in which the preregistrant will be eligible to vote in any primary election under section 1-2-101 (2)(c), such information is no longer confidential under this subsection (2). Colorado Revised Statutes 2019 Page 56 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 661, § 2, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1135), ch. 184, p. 679, § 8, effective August 7. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 572, § 18, effective May 18. L. 2019: (2) amended, (HB 191278), ch. 326, p. 3007, § 8, effective August 2. Editor's note: (1) This section is similar to former § 1-2-224 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-228. Residence - false information - penalty. Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 2002: Entire section amended, p. 1464, § 4, effective October 1. Editor's note: This section is similar to former § 1-2-225 as it existed prior to 1992. Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002. 1-2-229. Change in status of electors deemed "Inactive - failed to vote" - update to active status - repeal. (Repealed) Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 695, § 18, effective May 10. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2014. (See L. 2013, p. 695.) PART 3 MASTER LIST OF ELECTORS 1-2-301. Centralized statewide registration system - secretary of state to maintain computerized statewide voter registration list - county computer records - agreement to match information - definition. (1) The secretary of state shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive, computerized statewide voter registration system defined, maintained, and administered at the state level, which system shall contain a computerized statewide voter registration list maintained by the secretary of state that contains the name and registration information of every legally registered Colorado Revised Statutes 2019 Page 57 of 513 Uncertified Printout voter in the state and that assigns a unique identifier to each legally registered voter. The single, uniform, official, centralized, interactive, computerized statewide voter registration system required by this subsection (1) is referred to in this part 3 as the "centralized statewide registration system". The centralized statewide registration system and the computerized statewide voter registration list must be fully compliant with all applicable requirements specified in section 303 of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq. (2) (a) On and after January 1, 2006, the county clerk and recorder of each county shall maintain voter registration information by utilizing the centralized statewide registration system developed or acquired by the department of state under subsection (1) of this section. Prior to the implementation of the computerized statewide voter registration list required by subsection (1) of this section, if the county chooses to maintain voter registration information on its own computer system, the information required by law to be transmitted to the secretary of state shall be transmitted in a media format acceptable to the secretary of state and within the time prescribed by the secretary of state, by this section, and by section 1-2-302. (b) Repealed. (3) (Deleted by amendment, L. 2001, p. 514, § 1, effective January 1, 2002.) (4) (a) (I) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.) (II) The centralized statewide registration system shall enable county clerk and recorders to maintain voter registration information and shall include such additional capabilities as may be necessary or desirable to enable county clerk and recorders and the secretary of state to carry out their responsibilities related to the conduct of elections. Such additional capabilities may include but need not be limited to the preparation of ballots, the identification of voting districts for each address, access by county clerk and recorders to the master list of registered electors and, on or after January 1, 2006, the computerized statewide voter registration list maintained pursuant to this section and section 1-2-302, the management of mail ballots, the preparation of official abstracts of votes cast, the transmission of voting data from county clerk and recorders to the secretary of state, and reporting of voting results on election night. County clerk and recorders shall have access to the digitized signatures of electors in the centralized statewide registration system for the purpose of comparing an elector's signature in the system with the signature on the return envelope of a mail ballot, including by using a signature verification device in accordance with section 1-7.5-107.3 (5). (III) Subject to available appropriations, the department of state is responsible for the cost of acquiring computer hardware and providing necessary training for the centralized statewide registration system. The secretary of state shall promulgate rules specifying whether such hardware is owned by the department or the counties or whether and to what extent ownership may be shared between the department and the counties. If the department provides system hardware to any county clerk and recorder, it may transfer ownership of the hardware to that clerk and recorder. The secretary of state may promulgate rules providing that the county clerk and recorders shall be solely responsible for the support and maintenance of the hardware provided to the counties. On or after January 1, 2006, the department shall make the centralized statewide registration system software available at no charge to the clerk and recorder of each county. (b) As soon as practicable, the department of state shall make the master list of registered electors available at no charge on the internet to the county clerk and recorders. This Colorado Revised Statutes 2019 Page 58 of 513 Uncertified Printout paragraph (b) shall not be construed to require the department to provide or pay for internet connection services for any county. (c) (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.) (5) (a) For elections conducted by mail ballot under the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., after March 30, 2018, a clerk must be given access to the digitized signatures for each elector contained in the lists provided to the clerk pursuant to section 31-10-910 (1), C.R.S., in the centralized statewide voter registration system for the purpose of comparing an elector's signature in the system with the signature on the selfaffirmation on the return envelope of a mail ballot, including by using a signature verification device, in accordance with section 31-10-910.3, C.R.S. (b) As used in this subsection (5), "clerk" has the same meaning set forth in section 3110-102, C.R.S. (6) By July 1, 2021, the department of state shall, in consultation with county clerk and recorders, further develop the statewide voter registration database to minimize wait times at polling locations. Specifically, the department of state shall develop the database to: (a) Streamline the voter check-in process; and (b) Provide a simple and intuitive user interface for election judges at voter service and polling centers. Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 93: (3) added, p. 2039, § 1, effective July 1. L. 94: (2) amended, p. 1152, § 10, effective July 1; (3) amended, p. 2542, § 8, effective January 1, 1995. L. 95: (2) amended, p. 179, § 2, effective April 7. L. 97: (1) and (2)(b) amended, p. 474, § 10, effective July 1. L. 99: (2)(b) amended, p. 759, § 11, effective May 20. L. 2000: (1) amended, p. 1758, § 2, effective January 1, 2001. L. 2001: (4) added, p. 515, § 2, effective May 18; (2)(a) and (3) amended, p. 514, § 1, effective January 1, 2002. L. 2003: (1), (2)(a), and (4) amended, p. 2073, § 9, effective May 22. L. 2005: (1) amended, p. 758, § 1, effective June 1. L. 2007: (4)(a)(II) amended, p. 1776, § 7, effective June 1. L. 2008: (4)(a)(II) amended, p. 356, § 1, effective April 10. L. 2009: (2)(b) repealed, (HB 091018), ch. 158, p. 682, § 2, effective August 5. L. 2014: (4)(a)(II) amended, (HB 14-1164), ch. 2, p. 72, § 35, effective February 18. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 573, § 19, effective May 18; (5) added, (HB 16-1070), ch. 130, p. 373, § 2, effective August 10. L. 2019: (6) added, (HB 19-1278), ch. 326, p. 3008, § 9, effective August 2. Editor's note: (1) This section is similar to former § 1-2-301 as said section existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 59 of 513 Uncertified Printout 1-2-302. Maintenance of computerized statewide voter registration list confidentiality. (1) The secretary of state shall maintain the master list of registered electors of the entire state on as current a basis as is possible. (1.5) The maintenance of the computerized statewide voter registration list by the secretary of state pursuant to section 1-2-301 (1) shall be conducted in a manner that ensures that: (a) The name of each registered elector appears in the computerized statewide voter registration list; (b) Only the names of voters who are not registered or who are not eligible to vote are removed from the computerized statewide voter registration list; and (c) Duplicate names are removed from the computerized statewide voter registration list. (2) The electors on the computerized statewide voter registration list shall be identified by name, place of residence, precinct number, date of birth, Colorado driver's license number, social security number, or other identification number, as such numbers may have been provided by the elector at the time the elector first registered to vote, and the date of registration. (3) (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5, 2009.) (3.5) (a) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on death. Upon being furnished with the report provided to him or her by the state registrar of vital statistics pursuant to section 1-2-602 (1), the secretary of state may electronically cancel the registration of deceased persons. (b) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on felony status. Upon being furnished with information from the Colorado integrated criminal justice system that a particular registered elector has been convicted of a felony, the secretary of state may electronically cancel the registration of persons who have been convicted of a felony. (4) Repealed. (5) (a) (Deleted by amendment, L. 97, p. 476, § 18, effective July 1, 1997.) (b) Repealed. (6) The secretary of state shall determine and use other necessary means to maintain the master list of registered electors on a current basis. The department of state and the department of revenue shall allow for the exchange of information between the systems used by them to collect information on residence addresses, signatures, and party affiliation for all applicants for driver's licenses or state identification cards. No later than July 31, 2019, the department of state shall regularly provide the department of revenue with current voter registration information. The department of revenue must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state shall reimburse the department of revenue, through a one-time reimbursement, for any initial costs the department of revenue incurs in connection with updating Colorado DRIVES, as defined in section 42-1-102 (16.5), to allow the department of revenue to receive voter registration information and to use such information for the purposes described in this section. The department of revenue may exchange information on residence addresses in the driver's license database with the motor vehicle registration database, motorist insurance database, and the state income tax information systems. Colorado Revised Statutes 2019 Page 60 of 513 Uncertified Printout (6.5) (a) At the earliest practical time, the secretary of state, acting on behalf of the department of state, and the executive director of the department of revenue, as the official responsible for the division of motor vehicles, shall enter into an agreement to match information in the database of the centralized statewide registration system with information in the database of the division of motor vehicles to the extent required to enable each department to verify the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301. (b) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of the department of public health and environment and the department of corrections to access information in the databases of the department of public health and environment and the department of corrections, to the extent required to enable the verification of the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301. (c) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the extent required to enable the transfer and verification of information for voter registration purposes in accordance with section 1-2-502.5. (6.7) The department of revenue shall enter into an agreement with the federal commissioner of social security for the purpose of verifying applicable information in accordance with the requirements of section 303 (a)(5)(B)(ii) of the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq. (6.8) In accordance with subsections (6) and (6.5) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue or voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the appropriate county clerk and recorder. If the information meets the minimum matching criteria as specified in sections 1-2-603 and 1-2-604, the clerk shall then update the elector's voter registration record in the master list of registered electors. (7) Repealed. (8) The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state shall also establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the secretary of state and any other state agency or voter registration agency as defined in section 1-2-504 (1)(a) and (1)(b). Before commencing any data exchange or transfer required under this article 2, and no later than the date such exchange or transfer is required by statute to begin, the state agency or voter registration agency shall adhere to the technological security requirements established by the secretary of state under this section. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211, to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of Colorado Revised Statutes 2019 Page 61 of 513 Uncertified Printout such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature. Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 93: (6) amended, p. 2040, § 2, effective July 1. L. 94: (6) amended, p. 2542, § 9, effective January 1, 1995. L. 95: IP(1) and (3) amended, p. 180, § 3, effective April 7. L. 97: (1) to (3) and (5)(a) amended and (4), (5)(b), and (7) repealed, pp. 476, 478, §§18, 23, effective July 1. L. 99: (1) amended, p. 759, § 12, effective May 20. L. 2001: (6) amended, p. 518, § 7, effective January 1, 2002. L. 2002: (6) amended, p. 1626, § 2, effective June 7; (8) added, p. 1864, § 1, effective June 7. L. 2003: (1.5), (3.5), (6.5), and (6.7) added and (2), (3), and (8) amended, p. 2075, § 10, effective May 22. L. 2005: (6.7) amended, p. 759, § 2, effective June 1; (6.5) amended, p. 17, § 1, effective July 1. L. 2009: (6) amended, (HB 09-1160), ch. 263, p. 1208, § 2, effective May 15; (1) and (3) amended, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5. L. 2013: (6.5) and (8) amended, (HB 13-1303), ch. 185, p. 696, § 19, effective May 10. L. 2015: (6.8) added, (SB 15-060), ch. 147, p. 444, § 1, effective August 5. L. 2016: (6.7) amended, (SB 16-142), ch. 173, p. 573, § 20, effective May 18. L. 2017: (6) and (6.7) amended, (HB 17-1107), ch. 101, p. 373, § 27, effective August 9. L. 2018: (6) amended, (SB 18-233), ch. 262, p. 1606, § 7, effective May 29. L. 2019: (6.5)(c) added and (6.8) and (8) amended, (SB 19-235), ch. 329, p. 3051, § 2, effective August 2. Editor's note: (1) This section is similar to former § 1-2-302 as it existed prior to 1992. (2) Subsections (4) and (7) were relocated to § 1-2-602 and subsection (5)(b) was relocated to § 1-2-604 in 1997. Cross references: In 2013, subsections (6.5) and (8) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-302.5. Change of address search - rules. (1) The secretary of state shall conduct a monthly national change of address search, using the national change of address database administered by the United States postal service, for all electors whose names appear in the statewide voter registration list. (2) (a) The secretary of state shall transmit monthly to the appropriate county clerk and recorders the data obtained from the search conducted under subsection (1) of this section. (b) If any search of the national change of address database administered by the United States postal service conducted under this section indicates an elector has permanently moved, the county clerk and recorder shall act as follows: (I) (A) If the search indicates that the elector moved within the state, the county clerk and recorder of the county in which the elector's new address is located shall mark the elector's registration record as "Active" and update the elector's registration record with the elector's new address and send, to the elector's old address, notice of the change by forwardable mail and a postage pre-paid pre-addressed return form by which the registrant may verify or correct the address information. (B) If the elector returns the return form sent pursuant to sub-subparagraph (A) of this subparagraph (I) and indicates that he or she has not moved, the county clerk and recorder of the Colorado Revised Statutes 2019 Page 62 of 513 Uncertified Printout county in which the elector's old address is located shall immediately correct the elector's previously updated address in the statewide voter registration database. (C) If the elector returns the return form confirming the new address, or if the elector does not return the return form, the county clerk and recorder shall leave the elector's new address and status as updated in the registration record pursuant to sub-subparagraph (A) of this subparagraph (I). (II) Repealed. (III) If the search indicates that the elector moved to a different state, the county clerk and recorder shall mark the elector's registration record "Inactive" and send a confirmation card and: (A) If the elector returns the confirmation card and confirms the new address, the county clerk and recorder shall cancel the elector's registration record in the statewide voter registration database; (B) If the elector does not return the confirmation card, the elector's registration record must remain "Inactive". If the inactive elector subsequently fails to vote in two consecutive general elections, the county clerk and recorder shall cancel the elector's registration record in accordance with section 1-2-605 (7). (C) If the elector returns the confirmation card and indicates the elector has not moved, the county clerk and recorder shall immediately correct the elector's registration record in the statewide voter registration database and mark the voter "Active". (c) A county clerk and recorder shall make corrections to address updates made pursuant to a national change of address search upon receiving additional information from the elector. (3) Repealed. (4) If any search conducted pursuant to this section indicates that an elector has added or changed a post office box, the county clerk and recorder shall update the elector's registration record with the new post office box as the elector's mailing address and send him or her a confirmation card in accordance with section 1-2-605. The card must notify the elector of the change in mailing address and apprise the elector of his or her place of residence for voting purposes. (5) In addition to the search conducted by the secretary of state pursuant to subsection (1) of this section, a county clerk and recorder may conduct a national change of address search using the national change of address database administered by the United States postal service as frequently as he or she sees fit. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 696, § 20, effective May 10. L. 2014: (1), IP(2)(b), (2)(b)(I)(A), and (2)(b)(I)(C) amended; (2)(c), (4), and (5) added; and (3) repealed, (SB 14-161), ch. 160, p. 558, § 7, effective May 9. L. 2016: (2)(b)(I) and IP(2)(b)(III) amended and (2)(b)(II) repealed, (HB 16-1093), ch. 126, p. 359, § 3, effective April 21. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 63 of 513 Uncertified Printout 1-2-303. Multiple registration - most recent date of registration determines precinct in which allowed to vote. (1) If a registered elector is registered to vote in more than one precinct in this state, the elector shall vote only in the precinct which pertains to the most recent date of registration, as determined by the secretary of state's master list of registered electors. (2) and (3) Repealed. Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 278, § 1, effective July 1. L. 95: (2) amended and (3) added, p. 825, § 19, effective July 1. L. 97: (1) amended and (2) and (3) repealed, pp. 474, 478, §§ 11, 23, effective July 1. Editor's note: (1) This section is similar to former § 1-2-303 as it existed prior to 1992. (2) Subsections (2) and (3) were relocated to § 1-2-603 in 1997. Cross references: For penalty for voting in wrong precinct, see § 1-13-709; for penalty for voting twice, see § 1-13-710. 1-2-304. Multiple registration - procedure. (Repealed) Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 97: Entire section repealed, pp. 478, 474, §§ 23, 12, effective July 1. Editor's note: Subsection (1) was relocated to § 1-2-604 in 1997. 1-2-305. Postelection procedures - voting history - definitions. (1) Not later than sixty days after a state election, the county clerk and recorder shall generate a list of electors within the county who submitted more than one ballot for the election. (2) If it is determined that an elector has voted more than once, the secretary of state or the county clerk and recorder shall notify the proper district attorney for prosecution of a violation of this code. (3) As used in this section, unless the context otherwise requires: (a) "District of state concern" means a congressional district or a unique political subdivision with territory in more than one county and with its own enabling legislation, as identified by rules adopted by the secretary of state pursuant to section 1-1-104 (9.5). (b) "State election" means a general, primary, or congressional vacancy election, a special legislative election involving more than one county, a ballot issue election involving a statewide ballot issue, or any election involving a candidate or ballot issue for a district of state concern. (4) No later than March 1 of each year following a year in which a general election was held, the secretary of state shall distribute to each major and minor political party, free of charge, a list of individuals who actually voted in such election. Such list may be in the form of a computer list. Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 95: Entire section amended, p. 180, § 4, effective April 7. L. 2000: (1) amended and (3) and (4) added, p. Colorado Revised Statutes 2019 Page 64 of 513 Uncertified Printout 1758, § 3, effective January 1, 2001. L. 2007: (1) amended, p. 1777, § 8, effective June 1. L. 2009: (1) and (2) amended, (HB 09-1018), ch. 158, p. 683, § 4, effective August 5. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 698, § 21, effective May 10. L. 2016: (1) and (2) amended, (SB 16-142), ch. 173, p. 573, § 21, effective May 18. Editor's note: This section is similar to former § 1-2-305 as it existed prior to 1992. Cross references: In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 4 HIGH SCHOOL REGISTRATION Editor's note: The addition of this part 4 by House Bill 92-1317 and the repeal and reenactment of this article by House Bill 92-1333 were harmonized. 1-2-401. Legislative declaration. It is the intent of the general assembly that, in order to promote and encourage voter registration of all eligible electors in the state, registration should be made as convenient as possible. It is determined by the general assembly that if voter registration is convenient, the number of registered voters will increase. It is further determined by the general assembly that support and cooperation of school officials and interested citizens will make high school registration successful. It is therefore the purpose of this part 4 to encourage voter registration by providing convenient registration procedures for qualified high school students, employees, and other persons by using high school deputy registrars. Source: L. 92: Entire part added, p. 621, § 1, effective July 1. L. 93: Entire section amended, p. 1403, § 25, effective July 1. 1-2-402. Registration by high school deputy registrars - rules. (1) Each principal of a public high school, or the principal's designee who is a registered voter in the county, may serve as a deputy registrar. The principal of each high school shall notify the county clerk and recorder of the county in which the high school is located of the name of the school's deputy registrar, and the county clerk and recorder shall maintain a list of the names of all of the high school deputy registrars in that county in a public file. (2) The high school deputy registrar may register or preregister any student, employee of the school, other person who attends school functions, or any other person who is eligible to register or preregister to vote. Voter registration may be made available only when the school is open for classes or any other school or community function. The high school deputy registrar shall take registrations or preregistrations only on school district premises. (3) A high school deputy registrar may have available an official application form for voter registration for each student who is eighteen years of age or who will be eighteen years of age at the time of the next election. A high school deputy registrar may have available an official application form for preregistration for each student who is sixteen years of age. Colorado Revised Statutes 2019 Page 65 of 513 Uncertified Printout Source: L. 92: Entire part added, p. 621, § 1, effective July 1. L. 93: Entire section amended, p. 1403, § 26, effective July 1. L. 2019: (2) and (3) amended, (HB 19-1278), ch. 326, p. 3008, § 10, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-2-403. Training and registration materials for high school deputy registrars processing applications. (1) The county clerk and recorder shall train and supervise the high school deputy registrars, and, after training is completed, shall administer the oath of office to the high school deputy registrars. (2) The county clerk and recorder shall issue sufficient materials to each high school deputy registrar for the registration or preregistration of all eligible students, employees, and other persons at the high school which the high school deputy registrar serves. The high school deputy registrar shall give a receipt to the county clerk and recorder for all materials issued. (3) (a) The high school deputy registrar shall stamp the application for registration or preregistration with a validation stamp and provide the applicant with a receipt verifying the application. (b) (I) Except as provided in subparagraph (II) of this paragraph (b), the high school deputy registrar shall forward applications and changes on a weekly basis to the county clerk and recorder of the county in which the high school is located. (II) (A) During the last week allowed for registration applications submitted by mail prior to any election, the high school deputy registrar shall forward applications daily to the county clerk and recorder of the county in which the high school is located. (B) Within eight days prior to an election, a high school deputy registrar shall accept an application tendered under this section and shall immediately inform the applicant that, to vote in the upcoming election, the voter must go to a voter service and polling center. (4) Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the county clerk and recorder determines that the application is complete, the applicant shall be deemed registered or preregistered as of the date of application. If the county clerk and recorder determines that the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered or preregistered as of the date of application when the additional information is provided any time prior to the actual voting. Source: L. 92: Entire part added, p. 622, § 1, effective July 1. L. 93: (1), (2), and (3) amended, p. 1404, § 27, effective July 1. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 698, § 22, effective May 10. L. 2014: (3)(b)(II)(B) amended, (SB 14-161), ch. 160, p. 559, § 8, effective May 9. L. 2019: (2), (3)(a), and (4) amended, (HB 19-1278), ch. 326, p. 3008, § 11, effective August 2. Colorado Revised Statutes 2019 Page 66 of 513 Uncertified Printout Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsection (3) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. PART 5 MAIL REGISTRATION AND REGISTRATION AT VOTER REGISTRATION AGENCIES 1-2-501. Form for mail and agency registration - procedures for registration by mail for first-time electors - additional identifying information to be provided by first-time registrants. (1) The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed must: (a) Require only such identifying information, including the signature of the applicant and other information such as data relating to previous registration by the applicant, as is necessary to enable the appropriate county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; (b) Include a statement that: (I) Specifies each eligibility requirement, including citizenship; (II) Contains an affirmation that the applicant meets each requirement; and (III) Requires the signature of the applicant, under penalty of perjury; (b.5) (I) Include: (A) The question: "Are you a citizen of the United States of America?" and boxes for the applicant to indicate whether the applicant is or is not a citizen of the United States; (B) The question "Will you be eighteen years of age on or before election day?" and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day; (C) The statement "If you checked 'no' in response to either of these questions, do not complete this form."; and (D) A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), the applicant's driver's license number, or the last four digits of the applicant's social security number, otherwise the applicant will be required to submit a copy of identification with the applicant's mail ballot or absentee ballot. Colorado Revised Statutes 2019 Page 67 of 513 Uncertified Printout (II) If an applicant for registration fails on the mail registration form to answer the question specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b.5), the state or local election official shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office. (c) Not include any requirement for notarization or other formal authentication; and (d) Include, in print that is identical to that used in the affirmation portion of the application: (I) A statement of the penalties provided by law for submission of a false voter registration application; (II) A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and (III) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes. (e) Repealed. (1.5) Repealed. (2) (a) Subject to the requirements of paragraph (b) of this subsection (2), in addition to the identifying information required to be provided by the elector pursuant to subsection (1) of this section, a person who applies to register by mail in accordance with this part 5 shall submit with the registration application: (I) In the case of an elector who has been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the number of the elector's Colorado driver's license or identification card; or (II) In the case of an elector who has not been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the last four digits of the person's social security number. (a.5) If an applicant has not been issued a current and valid Colorado driver's license, has not been issued a current and valid identification card by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., and does not have a social security number, the secretary of state shall assign the applicant a number for voter registration purposes in accordance with section 1-2-204 (2.5). (b) Notwithstanding any other provision of law, a Colorado driver's license number, the number of an identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or the last four digits of the person's social security number shall only be received in satisfaction of the requirements of this subsection (2) where the state or local election official matches the number of the driver's license or identification card or the person's social security number submitted under paragraph (a) of this subsection (2) with an existing state identification record bearing the same number, name, and date of birth as provided in such registration information. (c) If the elector does not comply with the requirements of this subsection (2), the county clerk and recorder shall not register the elector. Colorado Revised Statutes 2019 Page 68 of 513 Uncertified Printout Source: L. 94: Entire part added, p. 1762, § 21, effective January 1, 1995. L. 2003: (1)(b.5) and (2) added, pp. 2076, 2077, §§ 11, 12, effective May 22. L. 2004: IP(1) and (1)(b.5)(I)(D) amended, p. 1053, § 4, effective May 21. L. 2006: (1)(b.5)(I)(D) and (2)(a) amended and (1.5) and (2)(a.5) added, pp. 2029, 2030, §§ 3, 4, 5, effective June 6. L. 2007: (1)(e) added and (1.5)(b) amended, p. 1777, §§ 9, 10, effective June 1; IP(1.5), (2)(a), and (2)(a.5) amended and (2)(c) added, p. 1969, § 6, effective August 3. L. 2013: IP(1), IP(1.5), and (1.5)(b) amended and (1)(e) repealed, (HB 13-1303), ch. 185, p. 698, § 23, effective May 10. L. 2016: (1.5) repealed, (SB 16-142), ch. 173, p. 593, § 81, effective May 18. Cross references: In 2013, the introductory portions to subsections (1) and (1.5) and subsection (1.5)(b) were amended and subsection (1)(e) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-502. Form for agency registration. (1) In addition to the information required in section 1-2-501, the form used at a voter registration agency shall include: (a) The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"; (b) If the agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."; (c) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote, together with the statement, in close proximity to the boxes and in prominent type, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."; (d) The statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.". (e) The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the secretary of state." The form shall also include the address and telephone number of the secretary of state. (2) All agencies providing an opportunity to complete the voter registration forms shall keep copies of all records relating to the completion of the forms for two years. The forms shall not be considered public records but are available to the secretary of state for purposes of compiling data in compliance with the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq. Source: L. 94: Entire part added, p. 1763, § 21, effective January 1, 1995. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 573, § 22, effective May 18; (2) amended, (SB 16-189), ch. 210, p. 753, § 3, effective June 6. Editor's note: Amendments to subsection (2) by SB 16-189 and SB 16-142 were harmonized. Colorado Revised Statutes 2019 Page 69 of 513 Uncertified Printout 1-2-502.5. Transfer of voter registration information to secretary of state. (1) Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, and county of residence for each registered and unregistered eligible elector who applies for medical assistance as defined in section 25.5-4-103 (13); except that the department of state shall not use the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes. (2) If available, the department of health care policy and financing shall also provide, for each eligible elector, an electronic copy of the elector's signature and the eligible elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number. (3) Upon receiving the electronic record for an unregistered eligible elector that includes all of the information in subsection (1) of this section and either the elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number in accordance with subsection (2) of this section, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration. If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered to vote and stating the additional information required to register. If the person provides the additional information, the person is registered to vote effective on the date of the person's application with the department of health care policy and financing. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (3), the person's registration is cancelled. (4) If the record is complete for purposes of voter registration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has been registered to vote and a postage paid preaddressed return form by which the person may: (a) Decline to be registered as an elector; or (b) Affiliate with a political party; and (c) Provide a signature if, at the time the elector applied for medical assistance, the person did not use a Colorado driver's license or identification number and did not provide an electronic copy of their signature. (5) A notice mailed under subsection (4) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form. (6) The notice provided under subsection (4) of this section must include a statement that, if a person declines to register to vote, the fact that the person has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if the person remains registered to vote, the office at which the person was registered will remain confidential and will be used only for voter registration statistics purposes. Colorado Revised Statutes 2019 Page 70 of 513 Uncertified Printout (7) (a) (I) If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration is cancelled and the person is deemed to have never registered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive. (II) Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be cancelled or marked inactive. (b) If a notice provided under subsection (4) of this section is not returned within twenty days, or if the person returns the form and provides a signature but does not affiliate with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person shall be marked as unaffiliated. (c) If a person returns the form provided under subsection (4) of this section and declines to be registered, including if the person returns the form and both declines to be registered and also affiliates with a party or provides a signature for registration, the person's registration is cancelled and the person is deemed to have never registered; except that, if the person has voted in an election, the returned form is of no effect and the person remains registered as of the date of the person's application with the department of health care policy and financing. (d) If a person returns the form provided under subsection (4) of this section and affiliates with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person's affiliation shall be marked effective as of the date the affiliation information was received. (e) If a person returns the form without selecting any option, the returned form is of no effect. The person is registered as of the date of the person's application with the department of health care policy and financing and shall be marked as unaffiliated. (8) Information relating to the return of a notice form declining to be registered shall not be used for any purpose other than voter registration statistics. (9) This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws. Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3052, § 3, effective August 2. 1-2-502.7. Voter registration agencies - reports - transfer of records for voter registration. (1) Each state agency that oversees one or more offices designated as voter registration agencies in section 1-2-504 (1)(a) and (1)(b) shall annually provide to the secretary of state a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office. (2) Each office designated under subsection (1) of this section shall report to the secretary of state each month the number of people who applied for public assistance or who applied to participate in state-funded programs, the number of voter registration choice forms the office collected, and the number of people who received a voter registration form. Colorado Revised Statutes 2019 Page 71 of 513 Uncertified Printout (3) At the earliest practicable time, the office of information technology created in section 24-37.5-103 shall assess which voter registration agencies, as defined in section 1-2-504 (1)(a) and (1)(b), collect sufficient information from applicants for voter registration purposes, and shall report its findings to the secretary of state. Upon a determination by the office of information technology and the secretary of state that a voter registration agency collects the necessary information to register an eligible elector, the office of information technology and the secretary of state shall establish a schedule by which the voter registration agency shall begin providing electronic records regarding eligible electors to the secretary of state. The secretary of state and each county clerk and recorder shall process electronic records received from voter registration agencies under this subsection (3) substantially in accordance with section 1-2502.5. Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3054, § 4, effective August 2. 1-2-503. Availability of forms. The application forms for mail voter registration shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs. Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995. 1-2-504. Voter registration agencies. (1) The following offices are designated as voter registration agencies: (a) All offices that provide public assistance; (b) All offices that provide state-funded programs primarily engaged in providing services to persons with disabilities; (c) All recruitment offices of the armed forces of the United States; and (d) Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications. (2) The following agencies may provide application forms for mail voter registration: (a) All offices of county clerk and recorders; (b) All federal post offices; and (c) Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications. Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995. 1-2-505. Services at voter registration agencies - services to persons with disabilities. (1) At each voter registration agency, the following services shall be made available with each application made in person for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance: (a) Distribution of mail voter registration application forms; (b) Assistance to applicants in completing agency voter registration application forms, unless the applicant refuses such assistance; and Colorado Revised Statutes 2019 Page 72 of 513 Uncertified Printout (c) Acceptance of completed agency voter registration application forms for transmittal to the appropriate county clerk and recorder. (2) If a voter registration agency provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (1) of this section at the person's home. Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995. 1-2-506. Prohibitions. (1) A person who provides the services described in section 1-2505 shall not: (a) Seek to influence an applicant's political preference or party registration; (b) Display any political preference or party allegiance; (c) Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; (d) Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits. (2) A person who provides the services described in section 1-2-505 shall ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public. (3) No information relating to a declination to register to vote made in connection with an application completed at a voter registration agency may be used for any purpose other than voter registration. Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. 1-2-507. Transmittal of voter registration applications - when. (1) Except as provided in subsection (2) of this section, a completed agency registration application accepted at a voter registration agency shall be transmitted to the county clerk and recorder not later than five days after the date of acceptance; except that, within twenty-two days before an election, a voter registration agency must transmit completed voter registration applications on a daily basis. (2) Within eight days before an election, a voter registration agency shall accept the application and immediately inform the applicant that he or she must go to a voter service and polling center in order to vote in that election. Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. L. 95: Entire section amended, p. 826, § 20, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 699, § 24, effective May 10. L. 2014: (2) amended, (SB 14-161), ch. 160, p. 559, § 9, effective May 9. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 574, § 23, effective May 18. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 73 of 513 Uncertified Printout 1-2-508. Receipt of voter registration applications - effective dates - legislative intent. (1) The county clerk and recorder shall ensure that any eligible applicant is registered to vote in an election if: (a) In the case of registration with a driver's license application, the valid voter registration application of the applicant is accepted by a driver's license examination facility no later than eight days before the date of an election; (a.5) In the case of registration through the online voter registration system established pursuant to section 1-2-202.5, the application is submitted no later than the eighth day before the date of the election; (b) In the case of registration by mail, the valid voter registration application of the applicant is postmarked not later than eight days before the date of the election; (c) In the case of registration by mail where the application has no postmark, the date of registration is the date that the application is received; (d) In the case of registration at a voter registration agency, the valid agency voter registration application of the applicant is accepted at the voter registration agency not later than eight days before the date of the election; (e) In the case of registration through a voter registration drive, the valid voter registration is submitted no later than twenty-two days before an election; and (f) In any other case, the valid voter registration application of the applicant is received by the appropriate county clerk and recorder not later than eight days before the date of the election, except as otherwise permitted by section 1-2-217.7. (2) (a) The effective date of a voter registration application or change of registration that is completed at the office of the county clerk and recorder or in the presence of a deputy registrar is the date received by the office of the county clerk and recorder or by the registrar. (b) The effective date of an application or change of registration that is completed at a driver's license examination facility or voter registration agency is the date that the application or change is accepted by the facility or agency. (c) The effective date of a voter registration application or change of registration that is completed by a mail registration form is the date of the postmark or receipt by the county clerk and recorder, whichever is earlier. (d) The effective date of a voter registration application or change of registration made at a voter service and polling center pursuant to section 1-2-217.7 is the date that the application is made by the elector. (3) (a) (I) Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the online voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center. (II) It is the general assembly's intent, in enacting this paragraph (a), to use modern technology to maximize the efficiency of operations at voter service and polling centers by allowing the continuous processing of voter registration applications for eligible persons in accordance with this article. Colorado Revised Statutes 2019 Page 74 of 513 Uncertified Printout (b) If a voter has already cast a ballot in an election, and submits an application after casting the ballot, the county clerk and recorder shall defer processing that voter's application until after the close of the election. Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. L. 95: (1) amended and (2) added, p. 826, § 21, effective July 1. L. 97: (1)(c) amended, p. 474, § 13, effective July 1. L. 99: (1)(a) and (1)(c) amended, p. 759, § 13, effective May 20. L. 2013: (1)(a), (1)(b), (1)(d), (1)(e), and (2) amended and (1)(a.5) added, (HB 13-1303), ch. 185, p. 699, § 25, effective May 10. L. 2014: (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) amended; and (1)(f) and (3) added, (SB 14-161), ch. 160, p. 559, § 10, effective May 9. Cross references: In 2013, subsections (1)(a), (1)(b), (1)(d), (1)(e), and (2) were amended and subsection (1)(a.5) was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-509. Reviewing voter registration applications - notification. (1) Upon receipt of an application, if the applicant resides in a county other than the county receiving the application, the county clerk and recorder shall within five days transmit the application to the clerk and recorder of the applicant's county; except that, if the application is received thirty days or less before an election, the application shall be transmitted as expeditiously as possible. (2) Upon receipt of an application, the county clerk and recorder shall verify that the application is complete and accurate. If the application is complete and accurate, the county clerk and recorder shall notify the applicant of the registration. If the application is not complete or is inaccurate, the county clerk and recorder shall notify the applicant, stating the additional information required. (3) (a) Within ten business days after receipt of the application, the county clerk and recorder shall notify each applicant of the disposition of the application by nonforwardable mail and proceed in accordance with paragraph (b) of this subsection (3). (b) (I) If within twenty business days after receipt of the application the notification is returned to the county clerk and recorder as undeliverable, the applicant shall not be registered. (II) If the notification is not returned within twenty business days as undeliverable, then the applicant shall be deemed registered as of the date of the application; except that, if the applicant was notified that the application was not complete, then the applicant is deemed registered as of the date of the application if the additional information is provided at any time prior to the actual voting. If such applicant does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after notification is sent pursuant to subsection (2) of this section, the applicant must reapply in order to be registered. (III) If the notification is returned to the county clerk and recorder as undeliverable after twenty days after receipt of the application, the county clerk and recorder shall mark the applicant's registration record "Inactive" and send a confirmation card. (4) This section does not apply to voter registrations received pursuant to section 1-2213, 1-2-213.3, or 1-2-502.5. Colorado Revised Statutes 2019 Page 75 of 513 Uncertified Printout Source: L. 94: Entire part added, p. 1766, § 21, effective January 1, 1995. L. 95: (2) and (3) amended, p. 827, § 22, effective July 1. L. 2005: (3) amended, p. 1396, § 9, effective June 6; (3) amended, p. 1431, § 9, effective June 6. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 678, § 6, effective May 17. L. 2016: (3) amended, (HB 16-1093), ch. 126, p. 360, § 4, effective April 21. L. 2019: (4) added, (SB 19-235), ch. 329, p. 3057, § 10, effective August 2. 1-2-510. Public disclosure of voter registration activities. (1) The secretary of state shall maintain for at least two years and shall make available for public inspection and copying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that the records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered. (2) The records maintained pursuant to subsection (1) of this section shall include lists of the names and addresses of all persons to whom confirmation notices are sent and information concerning whether or not each person has responded to the notice as of the date that inspection of the records is made. (3) The secretary of state is also responsible for filing any reports or information concerning the implementation of the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., with the federal election commission as may be required. Source: L. 94: Entire part added, p. 1766, § 21, effective January 1, 1995. L. 97: (2) amended, p. 475, § 14, effective July 1. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 574, § 24, effective May 18; (3) amended, (SB 16-189), ch. 210, p. 754, § 4, effective June 6. Editor's note: Amendments to subsection (3) by SB 16-142 and SB 16-189 were harmonized. 1-2-511. Prosecutions of violations. (1) Any person who believes a violation of this part 5 has occurred may file a written complaint no later than sixty days after the date of the violation with the secretary of state. If the secretary of state determines, after a hearing, that the violation has occurred, he or she shall so notify the attorney general, who may institute a civil action for relief, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the district court. Upon a proper showing that such person has engaged or is about to engage in any prohibited acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by the court. If, within one hundred twenty days after a complaint is filed with the secretary of state, no civil action for relief is instituted by the attorney general, the complainant shall have a private right of action based on an alleged violation of this part 5 and may institute a civil action in district court for any appropriate remedy. Any such action shall be filed within one year from the date of the alleged violation. (2) Unless a person intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person's electronic record by a voter registration agency in accordance with section 1-2-213.3 or 1-2-502.5 does not constitute the completion of a voter registration form by that person. If such a registration is processed by the Colorado Revised Statutes 2019 Page 76 of 513 Uncertified Printout state, it is presumed to have been officially authorized by the state and the person is not subject to any penalty under this code. Source: L. 94: Entire part added, p. 1767, § 21, effective January 1, 1995. L. 2019: Entire section amended, (SB 19-235), ch. 329, p. 3054, § 5, effective August 2. PART 6 CANCELLATION OF REGISTRATION Editor's note: This part 6 was added with relocations in 1997 containing relocated provisions of some sections formerly located in parts 2 and 3 of this article. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 1-2-601. Withdrawal of registration. At any time that registration is permitted in the county clerk and recorder's office, any person who desires to withdraw or cancel his or her own registration may do so by filing with the county clerk and recorder a self-affirmation of withdrawal of registration, and the self-affirmation shall be used as the record of evidence to cancel the elector's registration record. Source: L. 97: Entire part added with relocations, p. 465, § 1, effective July 1. Editor's note: This section is similar to former § 1-2-214 as it existed prior to 1997. 1-2-602. Deceased electors. (1) As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteen years of age or older who have died during the previous month. To the extent possible, persons on the report shall be identified by name, county of residence, date of birth, and social security number. (2) The secretary of state shall forward to each county clerk and recorder monthly the information received from the state registrar of vital statistics concerning persons registered to vote in the county who have died. (3) The county clerk and recorder shall cancel the registration of any elector who is deceased and of whose death the county clerk and recorder has received notice pursuant to subsection (2) of this section. (3.5) The secretary of state may by electronic means cancel the registration of any elector who is deceased and of whose death the secretary has received notice pursuant to subsection (1) of this section. (4) The county clerk and recorder shall cancel the registration of any elector who is deceased when the county clerk and recorder receives written notice of the fact. The written notice shall be signed by a family member of the deceased. If the county clerk and recorder has sufficient proof that an elector is deceased, cancellation may be made without such written notice. Colorado Revised Statutes 2019 Page 77 of 513 Uncertified Printout Source: L. 97: Entire part added with relocations, p. 465, § 1, effective July 1. L. 2003: (3.5) added, p. 2077, § 13, effective May 22. Editor's note: This section is similar to former §§ 1-2-302 (4) and (7) and 1-2-226 (1) and (2) as they existed prior to 1997. 1-2-603. Notification that elector has moved and registered in different county. (1) If the elector registers to vote in another county, the county clerk and recorder of the elector's new county of residence shall transfer the elector's registration record from the old county in accordance with the following requirements: (a) If the elector provides a name, date of birth, and prior address and the county clerk and recorder can match the name, date of birth, and prior address to the elector's prior registration record, the elector's registration record shall be transferred from the old county. (b) If the elector provides a name and date of birth but does not provide a prior address, the elector's registration record shall be transferred from the old county only if: (I) The elector provides a driver's license or identification card number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and driver's license or identification card number to the elector's prior registration record; or (II) The elector provides a social security number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and social security number to the elector's prior registration record. (c) If the elector does not provide a prior address, driver's license number, or social security number, the registration record shall not be transferred from the old county unless the elector submits additional information that complies with the requirements of this subsection (1). The county clerk and recorder of the county of prior residence may send notice to the elector by forwardable mail to the elector's address of record. Any such notice shall have a returnable portion that has the return postage prepaid and is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county. (2) If a county clerk and recorder receives a notice from the secretary of state or from an election official in another state that the elector has registered to vote in another state, the county clerk and recorder of the county of prior residence shall cancel the registration record if the name and birth date or the name and social security number of the elector match. Source: L. 97: Entire part added with relocations, p. 466, § 1, effective July 1. L. 2009: (1) amended, (HB 09-1018), ch. 158, p. 683, § 5, effective August 5. L. 2010: (2) amended, (HB 10-1116), ch. 194, p. 832, § 7, effective May 5. Editor's note: This section is similar to former § 1-2-303 (2) and (3) as it existed prior to 1997. 1-2-604. Cancellation of electors with multiple registrations. (1) Based upon an examination of the secretary of state's master lists of registered electors, each county clerk and recorder shall generate a list containing the name of each elector who is registered in more than one precinct in the state and shall cancel from the county's master lists of registered electors the Colorado Revised Statutes 2019 Page 78 of 513 Uncertified Printout name of the elector wherever it appears, except where it corresponds to the elector's most recent date of registration. (2) (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 684, § 6, effective August 5, 2009.) (3) (a) The county clerk and recorder may not cancel the registration record pursuant to subsection (1) of this section unless there is a match in the county's registration records and the statewide voter registration database with respect to, at a minimum, the following types of identifying information: (I) The elector's name, date of birth, and prior residence; or (II) The elector's name, date of birth, and driver's license number or social security number. (b) If the county clerk and recorder is not able to cancel the registration record pursuant to paragraph (a) of this subsection (3), the county clerk and recorder shall send a notice to the elector whose record the clerk and recorder intends to cancel. The notice shall be sent to that elector's address of record, shall have a returnable portion that has the return postage prepaid and that is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county. Source: L. 97: Entire part added with relocations, p. 466, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1018), ch. 158, p. 684, § 6, effective August 5. Editor's note: This section is similar to former §§ 1-2-302 (5)(b) and 1-2-304 (1) as they existed prior to 1997. 1-2-605. Canceling registration - procedures. (1) (a) Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address. (b) (I) Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and mail the elector a confirmation card. (II) If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card. (c) If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record. (2) Repealed. (3) Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements. (4) A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if: (a) The elector updates his or her registration information; or Colorado Revised Statutes 2019 Page 79 of 513 Uncertified Printout (b) The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or (c) (Deleted by amendment, L. 2013.) (d) The elector completes, signs, and returns a confirmation card or change of address card. (5) If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive". (6) (Deleted by amendment, L. 2013.) (7) If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote. (8) No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section. (9) to (11) (Deleted by amendment, L. 2013.) Source: L. 97: Entire part added with relocations, p. 467, § 1, effective July 1. L. 99: (6)(a), (8), and (10) amended, p. 760, § 14, effective May 20; (1)(a), (5), (6)(b), and (7) amended, p. 279, § 4, effective August 4. L. 2005: (10) amended, p. 1396, § 10, effective June 6; (10) amended, p. 1431, § 10, effective June 6. L. 2007: (1)(a), (4)(c), and (6)(b) amended, p. 1777, § 11, effective June 1. L. 2008: (1)(a)(I) amended, p. 1875, § 1, effective June 2; (2) amended and (11) added, pp. 1742, 1743, §§ 1, 3, effective July 1. L. 2009: (5) amended, (HB 09-1216), ch. 165, p. 728, § 2, effective August 5. L. 2010: (7) amended, (HB 10-1116), ch. 194, p. 832, § 8, effective May 5. L. 2012: (6)(b) and (8) amended, (HB 12-1292), ch. 181, p. 678, § 7, effective May 17. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 700, § 26, effective May 10. L. 2016: (1)(a) and (1)(b) amended and (2) repealed, (HB 16-1093), ch. 126, p. 360, § 5, effective April 21. Editor's note: This section is similar to former § 1-2-224 as it existed prior to 1997. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 80 of 513 Uncertified Printout 1-2-606. Cancellation by reason of criminal conviction in federal court. (1) If an elector whose residence is in the state of Colorado is convicted of a felony in a district court of the United States, the United States attorney shall give written notice of the conviction to the secretary of state of Colorado. The notice shall include the name of the offender, the offender's age and residence address, the date of entry of the judgment, a description of the offenses of which the offender was convicted, and the sentence imposed by the court. The United States attorney shall additionally give the secretary of state written notice of the vacation of the judgment if the conviction is overturned. (2) The secretary of state shall forward the information received pursuant to this section to the applicable county clerk and recorder of the county in which the offender resides. (3) The county clerk and recorder shall cancel the registration of the elector as of the date of receipt of the information from the secretary of state, and the registration shall remain canceled until the offender reregisters to vote. Source: L. 97: Entire part added with relocations, p. 470, § 1, effective July 1. PART 7 VOTER REGISTRATION DRIVES 1-2-701. Registration of voter registration drive - training - rules. (1) Before commencing a voter registration drive, a voter registration drive organizer shall file a statement of intent to conduct a voter registration drive with the secretary of state in the manner prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S. The voter registration drive organizer shall designate on the statement the agent of the voter registration drive, who shall be a resident of the state. (2) A voter registration drive organizer and a voter registration drive circulator shall fulfill the training requirements established by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S. (3) (a) Prior to circulating any voter registration applications, a person intending to work as a circulator on a voter registration drive shall complete the training provided by the voter registration drive organizer and sign an affirmation affirming that he or she fulfilled the training requirements for circulators. (b) A voter registration drive organizer shall maintain and make available to the secretary of state records evidencing the training completed by its circulators. Source: L. 2005: Entire part added, p. 1396, § 11, effective June 6; entire part added, p. 1431, § 11, effective June 6. L. 2016: (2) amended and (3) added, (SB 16-107), ch. 42, p. 102, § 1, effective March 23. 1-2-702. Conducting a voter registration drive. (1) A voter registration drive organizer shall use the form of the voter registration application approved by the secretary of state by rule. (2) A circulator working on a voter registration drive shall collect a voter registration application distributed by the voter registration drive and offered by an elector and deliver the Colorado Revised Statutes 2019 Page 81 of 513 Uncertified Printout application to the voter registration drive organizer. A voter registration drive organizer shall deliver the application to the county clerk and recorder of the county in which the elector resides according to the address indicated on the application. The application shall be delivered no later than fifteen business days after the application is signed, or, if the application is sent by mail, it shall be postmarked no later than fifteen business days after the application is signed; except that an application shall be delivered or mailed no later than the registration deadline set forth in section 1-2-201 (3). (2.5) Within twenty-two days prior to an election, before accepting for delivery a voter registration application form from any elector, a circulator working on a voter registration drive shall inform the elector that, to vote in the upcoming election, the elector must submit an application for registration at a voter service and polling center or the elector's county clerk and recorder's office or through the online voter registration system established pursuant to section 12-202.5. (3) A voter registration drive organizer shall not compensate a circulator working on the voter registration drive based on the number of voter registration applications the circulator distributes or collects. Source: L. 2005: Entire part added, p. 1397, § 11, effective June 6; entire part added, p. 1432, § 11, effective June 6. L. 2006: (2) amended, p. 2030, § 7, effective June 6. L. 2007: (2) amended, p. 1970, § 7, effective August 3. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 703, § 27, effective May 10. L. 2016: (2.5) added, (SB 16-107), ch. 42, p. 102, § 2, effective March 23. Cross references: In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-2-703. Violations - penalties. (1) A voter registration drive organizer that conducts a voter registration drive without filing the statement of intent with the secretary of state in accordance with section 1-2-701 or without maintaining a designated agent in the state or that uses a voter registration application form other than the form approved by the secretary of state by rule shall be punished by a fine not to exceed five hundred dollars. (2) A voter registration drive organizer that fails to fulfill the training requirements established by the secretary of state in accordance with section 1-2-701 (2) shall be punished by a fine not to exceed five hundred dollars. (3) (a) and (b) Repealed. (c) A voter registration drive organizer that intentionally fails to deliver a voter registration application to the proper county clerk and recorder in the manner and time prescribed by section 1-2-702 (2) shall be punished by a fine not to exceed five thousand dollars. (4) A voter registration drive organizer that compensates a circulator working on a voter registration drive based on the number of voter registration applications the circulator distributes or collects shall be punished by a fine not to exceed one thousand dollars. Source: L. 2005: Entire part added, p. 1397, § 11, effective June 6; entire part added, p. 1432, § 11, effective June 6. L. 2006: (3) amended, p. 2031, § 8, effective June 6. L. 2007: Colorado Revised Statutes 2019 Page 82 of 513 Uncertified Printout Entire section amended, p. 1970, § 8, effective August 3. L. 2012: (3)(a) and (3)(b) repealed, (HB 12-1292), ch. 181, p. 678, § 8, effective May 17. ARTICLE 3 Political Party Organization Editor's note: Articles 1 to 13 were repealed and reenacted in 1980. This article was numbered as article 9 of chapter 49, C.R.S. 1963. For additional historical information concerning the repeal and reenactment of articles 1 to 13 of this title in 1980, see the editor's note immediately following the title heading for this title. Cross references: For election offenses relating to political party organization, see part 3 of article 13 of this title. 1-3-100.3. Definitions. As used in this article: (1) "Political party" means a major political party as defined in section 1-1-104 (22). Source: L. 98: Entire section added, p. 256, § 3, effective April 13. 1-3-101. Party affiliation required - residence. (1) (a) In order to vote at any precinct caucus, assembly, or convention of a political party, the elector must be a resident of the precinct for twenty-two days, must be registered to vote no later than twenty-two days before the caucus, assembly, or convention, and must be affiliated with the political party holding the caucus, assembly, or convention for at least twenty-two days as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years or who has become a naturalized citizen during the twenty-two days immediately preceding the meeting may vote at any caucus, assembly, or convention even though the elector has been affiliated with the political party for less than twenty-two days. A preregistrant who is seventeen years of age on the date of a caucus and who will be eighteen years of age on the date of the next general election may vote at the caucus. (b) If an elector desires to vote at a precinct caucus but the elector's eligibility cannot be verified upon examination of the list of registered electors provided in accordance with subsection (3) of this section, the elector shall complete an affidavit attesting to the facts establishing the elector's eligibility. The secretary of state shall promulgate rules prescribing the form and content of the affidavit. (2) Notwithstanding subsection (1) of this section and section 1-2-101 (1)(b), an elector who moves from the precinct where registered during the twenty-one days prior to any caucus may participate in and vote at the caucus in the precinct of the elector's former residence but shall not be eligible for election as a delegate or for nomination as a precinct committeeperson in the former precinct. (3) (a) No later than twenty-one days prior to the date of the precinct caucus, the county clerk and recorder shall furnish without charge to each major political party in the county a list of the registered electors in the county who are affiliated with that political party. (b) Repealed. Colorado Revised Statutes 2019 Page 83 of 513 Uncertified Printout Source: L. 80: Entire article R&RE, p. 315, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 302, § 1, effective April 29; (1) amended, p. 291, § 5, effective June 19. L. 91: Entire section amended, p. 618, § 28, effective May 1. L. 92: Entire article amended, p. 664, § 3, effective January 1, 1993. L. 94: (3) added, p. 1153, § 11, effective July 1; entire section amended, p. 1767, § 22, effective January 1, 1995. L. 95: (1) and (2) amended, p. 828, § 23, effective July 1. L. 99: Entire section amended, p. 760, § 15, effective May 20. L. 2002: (3) amended, p. 131, § 1, effective March 27. L. 2007: (3)(a) amended, p. 1988, § 2, effective August 3. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 574, § 25, effective May 18. L. 2018: (1), (2), and (3)(a) amended, (SB 18-233), ch. 262, p. 1606, § 8, effective May 29. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3009, § 12, effective August 2. Editor's note: (1) This section is similar to former § 1-14-101 as it existed prior to 1980. (2) The amendment to subsection (3) by House Bill 94-1286 was harmonized with the amendment to this section by House Bill 94-1294. (3) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2002. (See L. 2002, p. 131.) (4) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-3-102. Precinct caucuses. (1) (a) (I) Precinct committee persons and delegates to county assemblies shall be elected at precinct caucuses that shall be held in a public place or in a private home that is open to the public during the caucus in or proximate to each precinct at a time and place to be fixed by the county central committee or executive committee of each political party. Except as otherwise provided by subparagraph (III) of this paragraph (a), the precinct caucuses shall be held on the first Tuesday in March, in each even-numbered year, which day shall be known as "precinct caucus day". (II) Repealed. (III) In a year in which a presidential election will be held, a political party may, by decision of its state central committee, hold its precinct caucuses on the first Saturday following the presidential primary election. The committee shall notify the secretary of state and the clerk and recorder of each county in the state of the decision on or before January 2 of the year in which the election will be held. (b) Any private home in which a precinct caucus is to be held shall be accessible to persons with disabilities in accordance with the rules of the county central committee or executive committee of each political party. The rules shall specify guidelines for determining whether a private home is accessible to persons with disabilities for purposes of this subsection (1) and for determining controversies regarding such accessibility. (2) (a) The participants at the precinct caucus shall also elect two precinct committeepersons. Any person eighteen years of age or older may be a candidate for the office of precinct committeeperson if he or she has been a resident of the precinct for thirty days and Colorado Revised Statutes 2019 Page 84 of 513 Uncertified Printout has been affiliated with the political party holding the precinct caucus for a period of at least two months preceding the date of the precinct caucus; except that any person who has attained the age of eighteen years or who has become a naturalized citizen during the two months immediately preceding the precinct caucus may be a candidate for the office of precinct committeeperson even though he or she has been affiliated with the political party for less than two months as shown in the statewide voter registration system. The two people receiving the highest number of votes at the caucus for precinct committeeperson are elected as the precinct committeepersons of the precinct. If two or more candidates for precinct committeeperson receive an equal and the second highest number of votes, or if three or more candidates receive an equal and the highest number of votes, the election must be determined by lot by those candidates. All disputes regarding the election of precinct committeepersons are determined by the credentials committees of the respective party assemblies. The names of the committeepersons elected must be certified to the county assembly of the political party by the officers of the caucus. The county assembly shall ratify the list of committeepersons. The presiding officer and secretary of the county assembly shall file a certified list of the names and addresses, by precinct, of those persons elected as precinct committeepersons with the county clerk and recorder within four days after the date of the county assembly. (b) Within ten days after the boundaries of an existing precinct are changed or a new precinct is created, the members of the party county central committee vacancy committee shall select members to fill the vacancies for precinct committeepersons. (c) Repealed. (d) The person elected as committeeperson at the caucus shall assume the office immediately following the caucus. Causes for removal of the elected committeeperson from office shall include, but not be limited to, the following: (I) In the case of removal by the credentials committee at the county assembly, the person does not meet the qualifications for committeeperson; (II) In the case of removal by the county central committee, the person has moved from the precinct or has changed affiliation. (III) Repealed. (3) and (4) Repealed. Source: L. 80: Entire article R&RE, p. 315, § 1, effective January 1, 1981. L. 81: (2)(a) and (2)(b) amended, (2)(c) and (2)(d) added, and (3) and (4) repealed, pp. 304, 309, §§ 1, 12, effective January 1, 1982. L. 82: (2)(a) amended, p. 216, § 1, effective February 19. L. 85: (1) amended, p. 248, § 3, effective July 1. L. 90: (1) amended, p. 303, § 3, effective June 8. L. 91: (2)(a) amended, p. 618, § 29, effective May 1. L. 92: Entire article amended, p. 665, § 3, effective January 1, 1993. L. 93: (2)(c) and (2)(d)(III) repealed, p. 1404, § 28, effective July 1. L. 94: (2)(a) amended, p. 1768, § 23, effective January 1, 1995. L. 95: (2)(a) amended, p. 828, § 24, effective July 1. L. 98: (1) amended, p. 633, § 4, effective May 6. L. 99: (1) and (2)(a) amended, p. 761, § 16, effective May 20; (1) amended, p. 100, § 1, effective August 4; (2)(d)(II) amended, p. 159, § 6, effective August 4. L. 2001: (1) amended, p. 1001, § 2, effective August 8. L. 2002: (1)(a) amended, p. 132, § 2, effective March 27. L. 2005: (1)(a)(I) amended, p. 1398, § 12, effective June 6; (1)(a)(I) amended, p. 1433, § 12, effective June 6. L. 2007: (1)(a)(I) amended and (1)(a)(III) added, p. 1988, § 3, effective August 3. L. 2011: (1)(a)(I) amended, (SB 11-189), ch. 243, p. 1062, § 2, effective May 27. L. 2016: (2)(a) amended, (SB 16-142), ch. 173, Colorado Revised Statutes 2019 Page 85 of 513 Uncertified Printout p. 574, § 26, effective May 18. Initiated 2016: (1)(a)(III) amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2019: (1)(a)(III) amended, (HB 19-1278), ch. 326, p. 3009, § 13, effective August 2. Editor's note: (1) Subsection (1) is similar to former § 1-14-205 (1), and subsections (2) to (4) are similar to former § 1-14-206, as they existed prior to 1980. (2) Amendments to subsection (1) by Senate Bill 99-025 and Senate Bill 99-027 were harmonized. (3) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II), effective July 1, 2002. (See L. 2002, p. 132.) (4) This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows: FOR: 1,701,599 AGAINST: 953,246 (5) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-3-103. Party committees. (1) (a) At its own precinct caucus, each political party shall elect two committeepersons for each election precinct as provided in section 1-3-102. Each committeeperson shall hold the position for a term of two years after the date of the election, and each shall serve until a successor is duly elected or appointed and commences the term of office. In case of a vacancy in the office of precinct committeeperson, the members of the county central committee vacancy committee shall select a successor to fill the vacancy. The person selected shall be a resident of the precinct in which the vacancy occurred. (b) (I) All of the precinct committeepersons of the political party in the county, all of the district captains and co-captains, if any, of the political party in the county, and the county party officers selected pursuant to paragraph (c) of this subsection (1), together with the elected county public officials, the state senators and representatives, the United States senators and representatives, the elected state public officials, and the district attorney, who are members of the party and who reside within the county, shall constitute the membership of the county central committee, but the multiple office shall not entitle a person to more than one vote, excluding proxies. (II) In counties which have adopted a five-commissioner board or county home rule, such county central committee shall be constituted of all the precinct committeepersons from precincts in the county commissioner district, together with the officers selected pursuant to this subparagraph (II), and the state senators and representatives and the district attorney who are members of the party and who reside within the district. Such county central committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as the county central committee. Such central committee shall select a vacancy committee for the Colorado Revised Statutes 2019 Page 86 of 513 Uncertified Printout purpose of filling vacancies in the office of county commissioner held by members of the political party. (c) Each county central committee shall meet on a date which falls between February 1 and February 15 of the odd-numbered years to organize by selecting a chairperson, a vicechairperson, and a secretary and any other officers provided for in the county rules and shall select a vacancy committee authorized to fill vacancies in the county central committee and the offices held by members of the county central committee and shall select a separate vacancy committee to fill vacancies in the office of county commissioner held by members of the political party. (d) Except as provided in paragraph (d) of subsection (4), paragraph (b) of subsection (5), and paragraph (b) of subsection (6) of this section, all other central committees shall meet on a date which falls between February 15 and April 1 of the odd-numbered years to organize by electing a chairperson, a vice-chairperson, and a secretary and shall select a vacancy committee authorized to fill vacancies in the central committees and in district and state offices held by members of the political party. (e) Repealed. (2) (a) The state central committee shall consist of the chairpersons and vicechairpersons of the several party county central committees, together with the elected United States senators, representatives in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, members of the board of regents, members of the state board of education, state senators, and state representatives, and any additional members as provided for by the state central committee bylaws. Two additional members shall be allowed the political party from each county that polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof so polled in the county. The additional members shall be elected by the county central committee of the political party. (b) Within ten days after the adjournment of the organizational meeting of the state central committee of any political party, the chairperson and secretary of the state central committee shall file under oath with the secretary of state a full and complete roll of the membership of the state central committee. (3) (a) The chairpersons and vice-chairpersons of the several party county central committees entirely or partially, who reside within each congressional district, together with the elected congressperson, the elected state board of education member of the party for the congressional district, the elected board of regents member of the party for the congressional district, and the state senators and representatives of the party who reside within the congressional district, shall constitute the party congressional central committee. (b) If, in any county, or portion thereof, within the congressional district, any political party has polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States, the county shall be entitled to two additional members of the congressional central committee of the political party. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof so polled by the party in the county or portion thereof within the congressional district. The additional members shall reside within the congressional district and shall be elected by those members of the county Colorado Revised Statutes 2019 Page 87 of 513 Uncertified Printout central committee of the political party who reside within the congressional district. The additional members shall be as equally divided as possible between male and female. (c) Other members of the congressional central committees may be provided for by the state central committee bylaws. (d) Each party congressional district central committee shall elect its own chairperson, vice-chairperson, and secretary and shall adopt its own bylaws concerning its conduct, which shall include but need not be limited to requirements for eligibility to vote in the congressional district assembly. (e) The chairperson of each party congressional district central committee shall fix the time and place of each meeting of the committee, shall fix the time and place of its congressional district assembly, and shall preside over each meeting and the congressional district assembly. (4) (a) The chairpersons and vice-chairpersons of the several party county central committees, who reside within each judicial district, together with the elected district attorney of the party for the judicial district, shall constitute the judicial district central committee. (b) If, in any county within the judicial district, any political party has polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States, the county shall be entitled to two additional members of the judicial district central committee of the political party. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof polled in the county. The additional members shall be elected by those members of the county central committee of the political party who reside within the judicial district. The additional members shall be as equally divided as possible between male and female. (c) Other members of the judicial district central committee may be provided for by the state central committee bylaws. (d) When a judicial district is comprised of one county or a portion of one county, the judicial district central committee shall consist of all elected precinct committeepersons, the elected district attorney, and the chairperson, the vice-chairperson, and the secretary of the county central committee, all of whom are of the party and reside in that judicial district. The committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as a party county central committee. (e) Each party judicial district central committee shall elect its own chairperson, vicechairperson, and secretary and shall adopt its own bylaws concerning its conduct, which shall include but need not be limited to requirements for eligibility to vote in the judicial district assembly. (f) The chairperson of each party judicial district central committee shall fix the time and place of each meeting of the committee, shall fix the time and place of its district assembly, and shall preside over each meeting and the judicial district assembly. (5) (a) When a state senatorial district is comprised of one or more whole counties or of a part of one county and all or a part of one or more other counties, a state senatorial central committee shall consist of the chairpersons, vice-chairpersons, and secretary of the several party county central committees, who reside within the state senatorial district. If any of those officers do not reside in the state senatorial district, replacements shall be provided who do reside in the district. The state senatorial central committee shall also include the elected state senator of the party for the state senatorial district, the state representatives of the party who reside within the state senatorial district, and a chairperson, vice-chairperson, and secretary of the state senatorial Colorado Revised Statutes 2019 Page 88 of 513 Uncertified Printout central committee, who may or may not be elected from among, but shall be elected by, the chairpersons, vice-chairpersons, and secretary, the state senator, and the state representatives. (b) When a state senatorial district is comprised of a portion of one county, a state senatorial central committee shall consist of the elected precinct committeepersons, the elected state senator, the elected state representatives, and a chairperson, vice-chairperson, and secretary of the state senatorial central committee, all of whom are of the party and reside in that senatorial district. In addition, the chairperson, vice-chairperson, and secretary of the party county central committee shall be members of each state senatorial central committee, who reside within the senatorial district. The chairperson, vice-chairperson, and secretary of the state senatorial central committee may or may not be elected from among, but shall be elected by, the state senatorial central committee. The committee shall meet on the same date and select a chairperson and vicechairperson in the same manner as the party county central committee. (6) (a) When a state representative district is comprised of one or more whole counties or of a part of one county and all or a part of one or more other counties, a state representative central committee shall consist of the chairpersons, vice-chairpersons, and secretary of the several party county central committees, who reside within the state representative district. If any of those officers do not reside in the state representative district, replacements shall be provided who do reside in the district. The state representative central committee shall also include the elected state representative of the party for the state representative district, each state senator of the party who resides within that representative district, and a chairperson, vice-chairperson, and secretary of the state representative central committee, who may or may not be elected from among, but shall be elected by, the chairpersons, vice-chairpersons, and secretary, the state representative, and the state senators. (b) When a state representative district is comprised of a portion of one county, a state representative central committee shall consist of the elected precinct committeepersons, the elected state representative, the elected state senators, and a chairperson, vice-chairperson, and secretary of the state representative central committee, all of whom are of the party and reside in that state representative district. In addition, the chairperson, vice-chairperson, and secretary of the party county central committee, who reside within the state representative district, shall be members of the state representative central committee. The chairperson, vice-chairperson, and secretary of the state representative district central committee may or may not be elected from among, but shall be elected by, the state representative central committee. The committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as the party county central committee. (7) No later than thirty days after the organizational meetings authorized by this section, the secretary of each party central committee prescribed by this section shall file with the state party a list of the names, addresses, and telephone numbers of each of the officers elected, together with a list of the names, addresses, and telephone numbers of the vacancy committee selected. No later than forty-five days after the organizational meetings authorized by this section, the state party shall file with the secretary of state a compiled list of all the officers elected and vacancy committee members selected along with their addresses and telephone numbers. (8) All references to elected public officials in this article shall include those public officials appointed to fill vacancies in elective offices. Colorado Revised Statutes 2019 Page 89 of 513 Uncertified Printout (9) (a) No later than ninety days after the organization of the state central committees of the major political parties in each odd-numbered year, each committee shall adopt in its bylaws or rules its general guidelines and regulations for all county party matters. Such bylaws or rules shall establish a procedure for the selection of delegates to any party assembly that is consistent with party practice. Any method under such procedure for choosing or allocating delegates in a county based on the number of votes cast at an election for a particular candidate shall be uniform among the counties so that all types of ballots are counted or not counted for purposes of determining the number of votes cast. Any county central committee may adopt its own rules in conformance with those of the state central committee. In the absence of county rules pertaining to specific items, the party's state central committee's guidelines and rules shall apply. Each state central committee shall file its party's bylaws or rules with the secretary of state no later than the first Monday in February in each even-numbered year and, if filed prior to that date, the bylaws or rules may be amended until that date. No bylaw or rule may be filed or amended after the first Monday in February in each even-numbered year. Where the bylaws or rules are not filed in accordance with this section, the party's state central committee, as well as the party's county central committee, are subject to the code through the general election of the same year. Each state central committee shall compile and provide to the secretary of state information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee. (b) Repealed. (10) (a) Each party state senatorial central committee and each party state representative central committee shall elect its own chairperson, vice-chairperson, and secretary and adopt its own bylaws concerning its conduct, which shall include, but not be limited to, the listing of requirements for eligibility to vote in the state senatorial or state representative district assembly. (b) The chairperson of each party state senatorial central committee and each party state representative central committee shall fix the time and place of meetings of the central committee, shall fix the time and place of its district assembly, and shall preside over the meetings and district assembly. Source: L. 80: Entire article R&RE, pp. 316, 421, §§ 1, 1, effective January 1, 1981. L. 81: (1)(a), (1)(b), (4)(d), (5)(b), and (6)(b) amended, p. 305, § 2, effective January 1, 1982. L. 82: (1)(e) added, p. 218, § 1, effective April 2. L. 83: (1)(b)(II), (1)(c), (1)(d), and (7) amended, p. 360, § 1, effective May 20. L. 85: (3)(b) and (4)(b) amended and (3)(d), (3)(e), (4)(e), and (4)(f) added, pp. 255, 256, §§ 5, 6, effective May 31. L. 87: (5) and (6) amended, p. 284, § 5, effective June 26. L. 89: (9) amended, p. 313, § 1, effective April 12; (3)(a), (4)(a), (5), and (6) amended, p. 301, § 5, effective May 9. L. 91: (5)(a), (6)(a), and (9) amended, p. 619, § 30, effective May 1. L. 92: (9) amended, p. 591, § 2, effective April 10; entire article amended, p. 666, § 3, effective January 1, 1993. L. 93: (2)(b) amended, p. 1765, § 2, effective June 6. L. 96: (9) amended, p. 1738, § 19, effective July 1. L. 98: (9) amended, p. 814, § 1, effective August 5. L. 99: (7) and (9) amended, p. 761, § 17, effective May 20. L. 2002: (9) amended, p. 132, § 3, effective March 27. L. 2012: (9)(a) amended, (HB 12-1292), ch. 181, p. 679, § 9, effective May 17. L. 2018: (9)(a) amended, (SB 18-233), ch. 262, p. 1607, § 9, effective May 29. L. 2019: (7) amended, (HB 19-1278), ch. 326, p. 3009, § 14, effective August 2. Colorado Revised Statutes 2019 Page 90 of 513 Uncertified Printout Editor's note: (1) This section is similar to former § 1-14-108 as it existed prior to 1980. (2) Subsection (1)(e) provided for the repeal of subsection (1)(e), effective January 5, 1985. (See L. 82, p. 218.) (3) Amendments to subsection (9) by Senate Bill 92-194 were harmonized with House Bill 92-1333. (4) Subsection (9)(b)(III) provided for the repeal of subsection (9)(b), effective July 1, 2002. (See L. 2002, p. 132.) (5) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For state senatorial districts, see § 2-2-102; for state representative districts, see § 2-2-202. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-3-104. Political party vacancy committees. All vacancies in state, congressional, judicial, senatorial, representative, or county commissioner party central committees shall be filled by the respective party county central committees pursuant to section 1-3-103. Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-110 (2) as it existed prior to 1980. 1-3-105. Powers of central committees. (1) Subject to the provisions of section 1-3106 (2), the state central committee has the power to make all rules for party government. (2) Any state, congressional, judicial, senatorial, representative, county commissioner, or county central committee may select a managing or executive committee and may authorize the executive committee to exercise any and all powers conferred upon the respective central committees. Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-110 (1) and (3) as it existed prior to 1980. 1-3-106. Control of party controversies. (1) The state central committee of any political party in this state has full power to pass upon and determine all controversies concerning the regularity of the organization of that party within any congressional, judicial, senatorial, representative, or county commissioner district or within any county and also concerning the right to the use of the party name. The state central committee may make rules governing the method of passing upon and determining controversies as it deems best, unless the Colorado Revised Statutes 2019 Page 91 of 513 Uncertified Printout rules have been provided by the state convention of the party as provided in subsection (2) of this section. All determinations upon the part of the state central committee shall be final. (2) From the time the state convention of the party convenes until the time of its final adjournment, the state convention has all the powers given by subsection (1) of this section to the state central committee, but not otherwise. The state convention of the party may also provide rules that shall govern the state central committee in the exercise of the powers conferred upon the committee in subsection (1) of this section. Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-109 as it existed prior to 1980. Cross references: For congressional districts, see § 2-1-101. 1-3-107. Party platforms. (1) Any assembly or convention of any political party may formulate, adopt, and publish a platform for the political subdivision which the assembly or convention represents. (2) Repealed. Source: L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 85: (2) repealed, p. 270, § 37, effective May 31. L. 92: Entire article amended, p. 672, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-111 as it existed prior to 1980. 1-3-108. Use of party name. No person, group of persons, or organization shall use the name or address of a political party, in any manner, unless the person, group of persons, or organization has received permission to use the name or address from the executive committee of the political party. Source: L. 87: Entire section added, p. 285, § 6, effective June 26. L. 92: Entire article amended, p. 672, § 3, effective January 1, 1993. ARTICLE 4 Elections - Access to Ballot by Candidates Editor's note: Articles 1 to 13 were repealed and reenacted in 1980. This article was numbered as articles 10 and 11 of chapter 49, C.R.S. 1963. For additional historical information concerning the repeal and reenactment of articles 1 to 13 of this title in 1980, see the editor's note immediately following the title heading for this title. Cross references: For election offenses relating to access to ballot by candidates, see part 4 of article 13 of this title. Colorado Revised Statutes 2019 Page 92 of 513 Uncertified Printout Law reviews: For article, "Constitutional Law", which discusses a Tenth Circuit decision dealing with minor party ballot access, see 61 Den. L.J. 217 (1984); for article, "Constitutional Law", which discusses a Tenth Circuit decision dealing with minor party ballot access, see 62 Den. U. L. Rev. 101 (1985). PART 1 PRIMARY ELECTIONS 1-4-101. Primary elections - when - nominations - expenses. (1) Except as provided in section 1-4-104.5, a primary election shall be held on the last Tuesday in June of evennumbered years to nominate candidates of political parties to be voted for at the succeeding general election. Except as provided by section 1-4-1304 (1.5), only a major political party, as defined in section 1-1-104 (22), is entitled to nominate candidates in a primary election. (2) (a) Each political party that is entitled to participate in the primary election must have a separate party ballot for use by electors affiliated with that political party. An elector is not required to vote in the same party primary as the elector voted in as part of a presidential primary election occurring in that same year, if such an election is held. (b) The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a mailing that contains the ballots of all of the major political parties. In this mailing, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted. (c) The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in primary elections. (d) The primary election of all political parties shall be held at the same time and shall be conducted by the same election officials. (3) All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections; except that, for general elections occurring after January 1, 2001, nominations by major political parties for candidates for lieutenant governor shall not be made by primary elections and shall be made pursuant to section 1-4-502 (3). Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for the period of time required by section 1-4-601, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article. (4) Except as otherwise provided in this code, all primary elections shall be conducted in the same manner as general elections insofar as the general election provisions are applicable, Colorado Revised Statutes 2019 Page 93 of 513 Uncertified Printout and the election officers for primary elections have the same powers and shall perform the same duties as those provided by law for general elections. (5) All expenses incurred in the preparation or conduct of the primary election shall be paid out of the treasury of the county or state, as the case may be, in the same manner as for general elections. Source: L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 81: (1) amended, p. 307, § 3, effective January 1, 1982. L. 83: (3) amended, p. 350, § 9, effective July 1. L. 85: (1) amended, p. 248, § 4, effective July 1. L. 86: (3) amended, p. 396, § 6, effective April 17. L. 88: (3) amended, p. 293, § 1, effective May 29. L. 89: (3) amended, p. 314, § 2, effective April 12. L. 91: (3) amended, p. 620, § 31, effective May 1. L. 92: Entire part amended, p. 672, § 4, effective January 1, 1993. L. 98: (1) to (3) amended, p. 256, § 4, effective April 13. L. 99: (3) amended, p. 159, § 7, effective August 4. L. 2000: (3) amended, p. 2027, § 1, effective August 2. L. 2003: (1) and (2) amended, p. 1309, § 4, effective April 22. L. 2009: (1) amended, (HB 09-1015), ch. 259, p. 1183, § 1, effective August 5. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1501, § 1, effective May 27. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1062, § 3, effective May 27. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 703, § 28, effective May 10. Initiated 2016: (2) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822. L. 2017: IP(2) and (2)(a) amended, (SB 17-305), ch. 216, p. 841, § 2, effective August 9. Editor's note: (1) This section is similar to former § 1-14-202 as it existed prior to 1980. (2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 (3) Subsection (2), as amended by Proposition 108 and Senate Bill 17-305, was relettered on revision to conform to statutory format. Cross references: (1) In 2013, subsections (1) and (2) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. 1-4-102. Methods of placing names on primary ballot. All candidates for nominations to be made at any primary election shall be placed on the primary election ballot either by certificate of designation by assembly or by petition. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-203 as it existed prior to 1980. Colorado Revised Statutes 2019 Page 94 of 513 Uncertified Printout 1-4-103. Order of names on primary ballot. Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote. To qualify for placement on the primary election ballot, a candidate must receive thirty percent or more of the votes of the assembly. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 86: Entire section amended, p. 1214, § 1, effective May 30. L. 87: Entire section amended, p. 286, § 7, effective June 26. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-209 as it existed prior to 1980. 1-4-104. Party nominees. Candidates voted on for offices at primary elections who receive a plurality of the votes cast shall be the respective party nominees for the respective offices. If more than one office of the same kind is to be filled, the number of candidates equal to the number of offices to be filled receiving the highest number of votes shall be the nominees of the political party for the offices. The names of the nominees shall be printed on the official ballot prepared for the ensuing general election. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. L. 98: Entire section amended, p. 256, § 5, effective April 13. L. 2003: Entire section amended, p. 1309, § 5, effective April 22. Editor's note: This section is similar to former § 1-15-109 as it existed prior to 1980. 1-4-104.5. Primary election canceled - when. (1) If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for any political party who has been nominated in accordance with this article or who has filed a write-in candidate affidavit of intent pursuant to section 1-4-1101 for any office on the primary election ballot, the designated election official may cancel the primary election and declare each candidate the party nominee for that office at the general election. For purposes of other applicable law, such nominee shall be deemed a candidate in and the winner of the primary election. The name of each nominee shall be printed on the official ballot prepared for the ensuing general election. (2) If a major political party has more than one candidate nominated for any office on the primary election ballot, the primary election shall be conducted as provided in section 1-4101. (3) If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for each major political party who has been nominated in accordance with this article for any office on the primary election ballot and a minor political party has more Colorado Revised Statutes 2019 Page 95 of 513 Uncertified Printout than one candidate nominated for any such office, the primary election shall be conducted as provided in section 1-4-101 for the nomination of the minor political party candidate only. Source: L. 2009: Entire section added, (HB 09-1015), ch. 259, p. 1183, § 2, effective August 5. 1-4-105. Defeated candidate ineligible. No person who has been defeated as a candidate in a primary election shall be eligible for election to the same office by ballot or as a write-in candidate in the next general election unless the party vacancy committee nominates that person. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 91: Entire section amended, p. 620, § 32, effective May 1. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-15-110 as it existed prior to 1980. PART 2 GENERAL ELECTIONS 1-4-201. Time of holding general election. A general election shall be held in all precincts in this state on the Tuesday succeeding the first Monday of November in every evennumbered year. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-16-101 as it existed prior to 1980. Cross references: For the hours of voting, see § 1-7-101. 1-4-202. United States senators. At the general election in 1984 and every six years thereafter, one United States senator shall be elected for the next term; and, at the general election in 1986 and every six years thereafter, one United States senator shall be elected for the next term. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-16-104 as it existed prior to 1980. 1-4-203. Representatives in congress. At every general election, the number of representatives in congress to which the state is entitled shall be elected. Colorado Revised Statutes 2019 Page 96 of 513 Uncertified Printout Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-16-105 as it existed prior to 1980. Cross references: For congressional districts, see § 2-1-101. 1-4-204. State and district officers. At the general election in 1982 and every fourth year thereafter, the following state officers shall be elected: One governor, one lieutenant governor, one secretary of state, one state treasurer, and one attorney general. The lieutenant governor shall be elected jointly with the governor. At every general election, the number of members of the state house of representatives to which each representative district is entitled shall be elected in that district. Candidates for the offices of regents of the university of Colorado, state senators, members of the state board of education, and district attorneys shall be voted on at the general election immediately prior to the expiration of the regular terms for those offices. Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-16-102 as it existed prior to 1980. Cross references: For terms of office for regents of the university of Colorado, see § 12 of art. IX, Colo. Const.; for terms of office for state senators, see § 2-2-103; for terms of office for members of the state board of education, see § 22-2-105; for terms of office for district attorneys, see § 13 of art. VI, Colo. Const.; for the election of presidential electors, see § 1-4301; for the election of state officers, see §§ 1, 3, and 4 of art. IV, Colo. Const.; for the election of district judges, see §§ 10 and 11 of art. VI, Colo. Const.; for the election of district attorneys, see § 13 of art. VI, Colo. Const.; for the division of county into districts for the purpose of electing county commissioners, see § 30-10-306. 1-4-205. County commissioners. (1) (a) Members of the board of county commissioners shall be elected in each county, excluding a city and county, for a term of four years. (b) No person shall be a county commissioner unless that person is a registered elector and has resided in the district for at least one year prior to the election. (2) Each county having a population of less than seventy thousand shall have three county commissioners, any two of whom shall constitute a quorum for the transaction of business. One commissioner shall be elected at the general election in 1982 and every four years thereafter, and two commissioners shall be elected at the general election in 1984 and every four years thereafter. (3) (a) In each county having a population of seventy thousand or more, the board of county commissioners may consist either of three members, any two of whom shall constitute a quorum for the transaction of business, or of five members, any three of whom shall constitute a quorum for the transaction of business. Colorado Revised Statutes 2019 Page 97 of 513 Uncertified Printout (b) If the board consists of three commissioners, they shall be elected as provided in subsection (2) of this section and as provided in section 30-10-306.7 (5), C.R.S. (c) In any county having a population of seventy thousand or more, the membership of the board of county commissioners may be increased from three to five members pursuant to section 30-10-306.5, C.R.S., or decreased from five to three members pursuant to section 30-10306.7 (2)(a)(II), C.R.S. Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 88: (3)(b) and (3)(c) amended, p. 1113, § 3, effective April 9; (1) amended, p. 297, § 1, effective January 1, 1989. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-16-106 as it existed prior to 1980. Cross references: For election and terms of county officers, see §§ 6 and 8 of art. XIV, Colo. Const.; for statutes relating to county officers generally, see article 10 of title 30. 1-4-206. Other county officers. At the general election in 1982 and every four years thereafter, one county clerk and recorder, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff qualified pursuant to section 30-10-501.5, C.R.S.; one coroner qualified pursuant to section 30-10-601.5, C.R.S.; one treasurer, who shall be collector of taxes; one county superintendent of schools, unless the office of county superintendent of schools is abolished at a general election; one county surveyor; and one county assessor shall be elected in each county, excluding a city and county. The term of office of all such officials shall be four years. Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 90: Entire section amended, p. 304, § 5, effective June 8. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993. L. 2003: Entire section amended, p. 1830, § 1, effective August 6. Editor's note: This section is similar to former § 1-16-107 as it existed prior to 1980. Cross references: For county officers' elections, terms, and salaries, see § 8 of art. XIV, Colo. Const. PART 3 PRESIDENTIAL ELECTIONS 1-4-301. Time of holding presidential elections. At the general election in 1984 and every fourth year thereafter, the number of presidential electors to which the state is entitled shall be elected. Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993. Colorado Revised Statutes 2019 Page 98 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-16-103 as it existed prior to 1980. 1-4-302. Party nominations to be made by convention. (1) Any convention of delegates of a political party or any committee authorized by resolution of the convention may nominate presidential electors. (2) All nominations for vacancies for presidential electors made by the convention or a committee authorized by the convention shall be certified by affidavit of the presiding officer and secretary of the convention or committee. Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-107 as it existed prior to 1980. Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for protests of designations and nominations, see § 1-4-909. 1-4-303. Nomination of unaffiliated candidates - fee. (1) No later than 3 p.m. on the ninetieth day before the general election, a person who desires to be an unaffiliated candidate for the office of president or vice president of the United States who has not submitted a petition for nomination pursuant to section 1-4-802 shall submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of one thousand dollars and shall include with the filing fee the names of registered electors who are thus nominated as presidential electors. The acceptance of each of the electors must be endorsed as appended to the first or last page of the filing fee. (2) Notwithstanding the amount specified for the fee in subsection (1) of this section, the secretary of state by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S. Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 885, § 1, effective July 1; entire section amended, p. 860, § 114, effective July 1. L. 98: Entire section amended, p. 1317, § 4, effective June 1. L. 99: (1) amended, p. 762, § 18, effective May 20. L. 2005: (1) amended, p. 1398, § 13, effective June 6; (1) amended, p. 1433, § 13, effective June 6. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 4, effective May 27. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 679, § 10, effective May 17. L. 2019: (1) amended, (HB 191278), ch. 326, p. 3010, § 15, effective August 2. Editor's note: (1) Amendments to this section by House Bill 95-1022 and House Bill 95-1241 were harmonized. Colorado Revised Statutes 2019 Page 99 of 513 Uncertified Printout (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-304. Presidential electors. (1) The presidential electors shall convene at the capital of the state, in the office of the governor at the capitol building, on the first Monday after the second Wednesday in the first December following their election at the hour of 12 noon and take the oath required by law for presidential electors. If any vacancy occurs in the office of a presidential elector because of death, refusal to act, absence, or other cause, the presidential electors present shall immediately proceed to fill the vacancy in the electoral college. When all vacancies have been filled, the presidential electors shall proceed to perform the duties required of them by the constitution and laws of the United States. The vote for president and vice president shall be taken by open ballot. (2) The secretary of state shall give notice in writing to each of the presidential electors of the time and place of the meeting at least ten days prior to the meeting. (3) The secretary of state shall provide the presidential electors with the necessary blanks, forms, certificates, or other papers or documents required to enable them to properly perform their duties. (4) If desired, the presidential electors may have the advice of the attorney general of the state in regard to their official duties. (5) Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in this state. Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. L. 2001: (5) amended, p. 1002, § 3, effective August 8. Editor's note: This section is similar to former § 1-17-101 as it existed prior to 1980. 1-4-305. Compensation. Every presidential elector of this state who attends and votes for those officers at the time and place appointed by law is entitled to receive the sum of five dollars per day for each day's attendance at the election and fifteen cents per mile for each mile traveled in going to and returning from the place where the electors meet, by the most usual route traveled, to be paid out of the general fund. The controller shall audit the amount and draw a warrant for the same. Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. Editor's note: This section is similar to former § 1-17-102 as it existed prior to 1980. Colorado Revised Statutes 2019 Page 100 of 513 Uncertified Printout PART 4 CONGRESSIONAL VACANCY ELECTIONS 1-4-401. Time of congressional vacancy elections. (1) Except as provided in section 14-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs. (2) A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code. Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 83: (1) amended, p. 350, § 10, effective July 1. L. 92: Entire part amended, p. 676, § 4, effective January 1, 1993. L. 93: (1) amended, p. 1765, § 3, effective June 6. L. 95: (1) amended, p. 829, § 25, effective July 1. L. 2008: (1) amended, p. 409, § 2, effective August 5. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 5, effective May 27. Editor's note: This section is similar to former § 1-11-101 as it existed prior to 1980. Cross references: For registration for congressional vacancy elections, see § 1-2-210; for the power of the county central committee to fill vacancies, see § 1-3-104; for filling vacancies to serve as judges of elections, see § 1-6-113. 1-4-401.5. Special congressional vacancy election - continuity in representation rules. (1) In the event of a declaration by the speaker of the United States house of representatives pursuant to 2 U.S.C. sec. 8 (b) that vacancies exist in more than one hundred of the offices of representatives in congress and where one or more of those vacancies is in the office of representative in congress from this state, the governor shall issue a proclamation setting a day to hold a special congressional vacancy election. The special congressional vacancy election shall be conducted on a Tuesday not more than forty-nine days after the date of the declaration, unless a general election for the office is to be held within seventy-five days of the date of the declaration. (2) Candidates at the special congressional vacancy election shall be nominated by the party congressional central committee selected pursuant to section 1-3-103 (3) not later than ten days after the declaration by the speaker of the United States house of representatives described in subsection (1) of this section. (3) A person who desires to be an unaffiliated candidate at the special congressional vacancy election shall submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of five hundred dollars. (4) The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this section or to adjust statutory deadlines Colorado Revised Statutes 2019 Page 101 of 513 Uncertified Printout to ensure that a special congressional vacancy election is held within the time required by this section and 2 U.S.C. sec. 8 (b). Source: L. 2008: Entire section added, p. 409, § 3, effective August 5. 1-4-402. Nominations of political party candidates. (1) (a) Any convention of delegates of a political party or any committee authorized by resolution of the convention shall nominate a candidate to fill a vacancy in the unexpired term of a representative in congress. A state central committee, its managing or executive committee selected pursuant to section 1-3105 (2), or any other committee designated by the bylaws of the state central committee to convene a convention to nominate a candidate to fill a vacancy in the unexpired term of a representative in congress shall convene the convention and shall provide the procedure for the nomination of the candidate. A copy of the notice of election, as set by the governor and filed with the secretary of state, shall be sent by certified mail to the state chairperson of each political party. (b) Upon receipt of the notice, the state chairperson shall issue a call for the state convention, stating the number of delegates from each county and the method of their selection. (c) No convention shall be held later than the twentieth day from the date of the order issued by the governor. (d) (I) Any candidate nominated by a political party must be affiliated with the party for at least twelve consecutive months prior to the date the convention begins, as shown in the statewide voter registration system. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), if a political party has established a rule regarding the length of affiliation which is necessary to be eligible for nomination by convention for the office of representative in congress, the party rule shall apply. (2) The nomination to fill the vacancy in the unexpired term of a representative in congress made by the political party convention or a committee authorized by the convention shall be certified by affidavit of the presiding officer and secretary of the convention or committee. Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire section amended, p. 362, § 1, effective January 14; (1) amended, p. 351, § 11, effective July 1. L. 88: (1)(d) amended, p. 293, § 2, effective May 29. L. 92: Entire part amended, p. 676, § 4, effective January 1, 1993. L. 99: (1)(d)(II) amended, p. 160, § 8, effective August 4. L. 2016: (1)(d)(I) amended, (SB 16-142), ch. 173, p. 575, § 27, effective May 18. Editor's note: This section is similar to former § 1-14-107 as it existed prior to 1980. Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for protests of designations and nominations, see § 1-4-909. 1-4-403. Nomination of unaffiliated candidates for congressional vacancy election. (1) Except as provided in section 1-4-401.5, candidates for congress at a congressional vacancy Colorado Revised Statutes 2019 Page 102 of 513 Uncertified Printout election who do not wish to affiliate with a major political party may be nominated pursuant to the provisions of section 1-4-802. (2) Petitions must be filed by 3 p.m. on the twentieth day after the date of the order issued by the governor. Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire section R&RE, p. 351, § 12, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 99: Entire section amended, p. 762, § 19, effective May 20. L. 2008: (1) amended, p. 410, § 4, effective August 5. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1063, § 6, effective May 27. Editor's note: This section is similar to former § 1-14-107 (5) as it existed prior to 1980. 1-4-404. Nomination and acceptance of candidate. Any person nominated in accordance with this article 4 shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within four business days after the adjournment of the assembly. If an acceptance is not filed within the specified time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4. Source: L. 83: Entire section added, p. 351, § 13, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 829, § 26, effective July 1. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 832, § 9, effective May 5. L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 962, § 6, effective August 9. PART 5 QUALIFICATIONS FOR OFFICE AND METHODS OF NOMINATION Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this part 5 was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 5 prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of articles 1 to 13 for 1980 and this part 5 for 1992, see the comparative tables located in the back of the index. 1-4-501. Only eligible electors eligible for office. (1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath Colorado Revised Statutes 2019 Page 103 of 513 Uncertified Printout that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section. (2) No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law. (3) The qualification of any candidate may be challenged by an eligible elector of the political subdivision within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the political subdivision is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. Provisions of section 13-17-101, C.R.S., regarding frivolous, groundless, or vexatious actions shall apply to this section. Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 94: (2) amended, p. 1153, § 12, effective July 1. L. 95: Entire section amended, p. 829, § 27, effective July 1. L. 2017: (1) amended, (SB 17-209), ch. 234, p. 946, § 1, effective August 9. Editor's note: This section is similar to former § 1-4-501 as it existed prior to 1992. Cross references: For electors only eligible to office, see also § 6 of art. VII, Colo. Const.; for disqualifications from holding office of trust or profit, see § 4 of art. XII, Colo. Const. 1-4-502. Methods of nomination for partisan candidates. (1) Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the general election may be made by primary election under section 1-4-101 or by assembly or convention under section 1-4-702 by major political parties, by petition for nomination as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304. (2) Nominations for presidential electors to be elected at the general election and for candidates to fill vacancies to unexpired terms of representatives in congress to be elected at a congressional vacancy election may be made by a convention of a political party, or by a Colorado Revised Statutes 2019 Page 104 of 513 Uncertified Printout committee authorized by the convention, or by petition for nomination of an unaffiliated candidate as provided in parts 8 and 9 of this article. (3) For general elections: (a) The nomination of a major political party for lieutenant governor shall be made by the party's candidate for governor. No later than seven days after the official statewide election results for the primary election are certified pursuant to section 1-10-105 (1), the party's candidate for governor shall select a candidate for lieutenant governor. Other nominations for the office of lieutenant governor may be made by petition for nomination of an unaffiliated candidate as provided in section 1-4-802 or by a minor political party as provided in section 1-41304 (2). (b) No person shall be eligible for a major political party nomination for lieutenant governor unless such person is a registered elector and has been affiliated with the major political party making the nomination, as shown in the record books of the county clerk and recorder, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination. (c) Any person nominated as the candidate for lieutenant governor of a major political party pursuant to subsection (3)(a) of this section shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within thirty days after the nomination. If an acceptance is not filed within the required time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4. Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 95: Entire section amended, p. 860, § 115, effective July 1. L. 98: (1) amended, p. 256, § 6, effective April 13. L. 2000: (1) amended and (3) added, p. 2027, § 2, effective August 2. L. 2003: (1) amended, p. 1309, § 6, effective April 22. L. 2010: (3)(b) amended, (HB 10-1271), ch. 324, p. 1501, § 2, effective May 27. Initiated 2016: (1) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2823. L. 2017: IP(3) and (3)(c) amended, (SB 17-209), ch. 234, p. 962, § 7, effective August 9. L. 2019: (3)(a) and (3)(c) amended, (HB 191278), ch. 326, p. 3010, § 16, effective August 2. Editor's note: (1) This section is similar to former § 1-4-502 as it existed prior to 1992. (2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 (3) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For party nominations by convention, see § 1-4-701. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 105 of 513 Uncertified Printout 1-4-503. Method of nomination for nonpartisan candidates. Nominations for all elected nonpartisan local government officials must be by petition for nomination as provided in part 8 of this article. Source: L. 92: Entire part R&RE, p. 678, § 5, effective January 1, 1993. L. 99: Entire section amended, p. 450, § 4, effective August 4. L. 2014: Entire section amended, (HB 141164), ch. 2, p. 72, § 36, effective February 18. Editor's note: This section is similar to former §§ 1-4-502 and 1-4-801 as they existed prior to 1992. Cross references: (1) For filing of petitions and certificates of designation of assembly, see § 1-4-604. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-4-504. Documents are public records. All certificates of designation, petitions, certificates of nomination, acceptances, declinations, and withdrawals are public records as soon as they are filed and are open to public inspection under proper regulation. When a copy of any document is presented at the time the original is filed or at any time thereafter and a request is made to have a copy compared and certified, the officer with whom the document is filed shall forthwith compare the copy with the original on file and, if necessary, correct the copy and certify and deliver the copy to the person who presented it upon the payment in advance of the copy and certification charge. All filed documents shall be preserved pursuant to section 1-7802, unless otherwise ordered or restrained by some court. Source: L. 92: Entire part R&RE, p. 678, § 5, effective January 1, 1993. Editor's note: This section is similar to former § 1-4-503 as it existed prior to 1992. Cross references: For statutes pertaining to public records generally, see article 72 of title 24; for filing of petitions and certificates of designation of assembly, see § 1-4-604. PART 6 POLITICAL PARTY DESIGNATION FOR PRIMARY ELECTION 1-4-601. Designation of candidates for primary election. (1) Assemblies of the major political parties may make assembly designations of candidates for nomination on the primary election ballot. An assembly shall be held no later than seventy-three days preceding the primary election. (2) An assembly must take no more than two ballots for party candidates for each office to be filled at the next general election. Every candidate receiving thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting on that office must be certified by affidavit of the presiding officer and secretary of the assembly. If no candidate Colorado Revised Statutes 2019 Page 106 of 513 Uncertified Printout receives thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting, a second ballot must be cast on all the candidates for that office. If on the second ballot no candidate receives thirty percent or more of the votes cast, the two candidates receiving the highest number of votes must be certified as candidates for that office by the assembly. The certificate of designation by assembly must state the name of the office for which each person is a candidate and the candidate's name and address, must designate in not more than three words the name of the political party which the candidate represents, and must certify that the candidate has been a member of the political party for the period of time required by party rule or by subsection (4) of this section if the party has no such rule. The candidate's affiliation, as shown in the statewide voter registration system, is prima facie evidence of political party membership. The certificate of designation must indicate the order of the vote received at the assembly by candidates for each office, but no assembly shall declare that any one candidate has received the nomination of the assembly. The certificate of designation must be filed in accordance with section 1-4-604. If two or more candidates receiving designation under this subsection (2) have received an equal number of votes, the order of certification of designation is determined by lot by the candidates. The assembly shall select a vacancy committee for vacancies in designation or nomination only. (3) (a) Except as provided in paragraph (b) of this subsection (3), no later than four days after the adjournment of the assembly, each candidate designated by assembly shall file a written acceptance with the officer with whom the certificate of designation is filed. This acceptance may be transmitted by facsimile transmission. If the acceptance is transmitted by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the adjournment of the assembly. The acceptance shall state the candidate's name in the form in which it is to appear on the ballot. The name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the designation; except that the candidate shall not be deemed to have declined the designation and shall be included on the primary ballot if late filing of an acceptance is caused by the failure to timely file a certificate of designation or the failure to file such acceptance with such certificate of designation, as required by section 1-4-604 (1)(a). (b) The written acceptance of a candidate nominated by assembly for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office shall be filed by the presiding officer or secretary of such assembly with the certificate of designation of such assembly, as required by section 1-4-604 (1)(a). Nothing in this paragraph (b) shall prohibit a candidate from filing an acceptance of nomination directly with the officer with whom the certificate of designation is filed following written notice of such filing by the candidate to the presiding officer of the political party holding such assembly. (4) (a) No person is eligible for designation by assembly as a candidate for nomination at any primary election unless the person was affiliated with the political party holding the assembly, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the primary election, unless otherwise provided by party rules. (b) Repealed. (5) As used in this section, "political party" means a major political party as defined in section 1-1-104 (22). Colorado Revised Statutes 2019 Page 107 of 513 Uncertified Printout Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981. L. 81: (1) and (3) amended, p. 310, § 1, effective March 27. L. 83: (2) amended, p. 352, § 16, effective July 1. L. 87: (2) amended, p. 286, § 8, effective June 26. L. 88: (4) amended, p. 294, § 3, effective May 29. L. 89: (4)(b) repealed, p. 314, § 3, effective April 12; (1) and (2) amended, p. 302, § 7, effective May 9. L. 92: Entire part amended, p. 678, § 6, effective January 1, 1993. L. 94: (4)(a) amended, p. 1153, § 13, effective July 1. L. 98: (5) added, p. 257, § 7, effective April 13. L. 99: (3) amended, p. 285, § 1, effective April 13; (1) and (3) amended, p. 762, § 20, effective May 20; (2) amended, p. 160, § 9, effective August 4. L. 2005: (1) amended, p. 1398, § 14, effective June 6; (1) amended, p. 1433, § 14, effective June 6. L. 2010: (2) and (4)(a) amended, (HB 101271), ch. 324, p. 1502, § 3, effective May 27. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 7, effective May 27. L. 2012: (3)(a) amended, (HB 12-1292), ch. 181, p. 679, § 11, effective May 17. L. 2016: (2) and (4)(a) amended, (SB 16-142), ch. 173, p. 575, § 28, effective May 18. Editor's note: (1) This section is similar to former § 1-14-204 as it existed prior to 1980. (2) Amendments to subsection (3) by Senate Bill 99-025 and House Bill 99-1225 were harmonized. Cross references: For the definition of assembly, see § 1-1-104 (1.3); for designation of candidates by petition, see § 1-4-603. 1-4-602. Delegates to party assemblies - definition. (1) (a) (I) County assemblies shall be held no later than twenty-five days after precinct caucuses. If a political party holds its precinct caucuses on the first Tuesday in February in a year in which a presidential election will be held, the county assemblies of the political party shall be held not less than fifteen days nor more than fifty days after the precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee's bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate shall be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee's bylaws or rules. (II) Repealed. (b) In determining the number of delegates from precincts which have been created or split since the previous general election, the county central committee or executive committee may allocate delegates based on the number of registered voters affiliated with the political party, pursuant to the state party central committee's bylaws or rules. (2) (a) In each state senatorial and representative district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial and representative district assemblies. Colorado Revised Statutes 2019 Page 108 of 513 Uncertified Printout (b) In each state senatorial and representative district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial and representative district assemblies shall be apportioned among the counties by the party's senatorial or representative central committee according to the vote in the county or portion of a county for that party's candidate for governor or president in the last general election, pursuant to the state party central committee's bylaws or rules. (3) All questions regarding the qualifications of any delegate or the conduct of any precinct caucus at which the delegates were voted on shall be determined by the credentials committees of the respective party county, representative, and senatorial assemblies. (4) (a) All places established for holding precinct caucuses shall be designated by a sign conspicuously posted no later than twelve days before the precinct caucuses. The sign shall be substantially in the following form: "Precinct caucus place for precinct no. ......" The lettering on the sign and the precinct number shall be black on a white background with all letters and numerals at least four inches in height. Any precinct caucus subsequently removed and held in a place other than the place stated on the sign is null and void. (b) Repealed. (5) As used in this section, "delegate" means a person who is a registered elector, has been a resident of the precinct for twenty-two days prior to the caucus, and has been affiliated with the political party holding the caucus for at least twenty-two days, as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years during the twenty-two days immediately preceding the caucus or any registered elector who has become a naturalized citizen during the twenty-two days immediately preceding the caucus may be a delegate even though the elector has been affiliated with the political party for less than twenty-two days as shown in the statewide voter registration system. A delegate who moves from the precinct where registered during the twenty-one days prior to any caucus is ineligible to serve as a delegate from that precinct. (6) In each state senatorial and representative district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial or representative district shall also serve as delegates to the senatorial and representative district assemblies if the senatorial or representative district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee's bylaws or rules. As a part of the resolution, the senatorial or representative central committee may determine the total number of delegate votes to be cast at the senatorial or representative district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county. Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981. L. 82: (5) amended, p. 217, § 2, effective February 19. L. 85: (1) amended, p. 256, § 8, effective May 31; Colorado Revised Statutes 2019 Page 109 of 513 Uncertified Printout (1) amended, p. 248, § 5, effective July 1. L. 91: (5) amended, p. 620, § 34, effective May 1. L. 92: Entire part amended, p. 679, § 6, effective January 1, 1993. L. 94: (5) amended, p. 1768, § 24, effective January 1, 1995. L. 95: (5) amended, p. 830, § 28, effective July 1. L. 96: (1), (2)(b), and (6) amended, p. 1738, § 20, effective July 1. L. 98: (1) amended, p. 633, § 5, effective May 6. L. 99: (1)(a), (4), and (5) amended, p. 763, § 21, effective May 20; (1)(a) amended, p. 100, § 2, effective August 4. L. 2002: (1)(a) and (4) amended, p. 133, § 4, effective March 27. L. 2005: (1)(a)(I) amended, p. 1398, § 15, effective June 6; (1)(a)(I) amended, p. 1433, § 15, effective June 6. L. 2007: (1)(a)(I) amended, p. 1989, § 4, effective August 3. L. 2011: (1)(a)(I) amended, (SB 11-189), ch. 243, p. 1063, § 8, effective May 27. L. 2016: (5) amended, (SB 16-142), ch. 173, p. 576, § 29, effective May 18. L. 2019: (5) amended, (HB 191278), ch. 326, p. 3010, § 17, effective August 2. Editor's note: (1) The provisions of this section are similar to several former provisions of § 1-14-205 as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index. (2) Amendments to subsection (1) by Senate Bill 85-86 and House Bill 85-1063 were harmonized. (3) Amendments to subsection (1)(a) by Senate Bill 99-025 and Senate Bill 99-027 were harmonized. (4) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II), effective July 1, 2002. (See L. 2002, p. 133.) (5) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2002. (See L. 2002, p. 133.) (6) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-603. Designation of major political party candidates by petition. Candidates for major political party nominations for the offices specified in section 1-4-502 (1) that are to be made by primary election may be placed on the primary election ballot by petition, as provided in part 8 of this article. Source: L. 80: Entire article R&RE, p. 328, § 1, effective January 1, 1981. L. 83: (3), (6), and (8) amended, p. 353, § 17, effective July 1. L. 85: (2)(a), (2)(b), (3), (4), and (8) amended and (2)(d) added, p. 257, § 9, effective May 31. L. 88: (2)(a) and (2)(b) amended, p. 297, § 2, effective January 1, 1989. L. 89: (3) amended and (5.5) and (9) added, p. 302, § 8, effective May 9. L. 91: (2) amended, p. 621, § 35, effective May 1. L. 92: Entire part amended, p. 681, § 6, effective January 1, 1993. L. 98: Entire section amended, p. 257, § 8, effective April 13. L. 2000: Entire section amended, p. 2028, § 3, effective August 2. Editor's note: This section is similar to former § 1-14-207 as it existed prior to 1980. Colorado Revised Statutes 2019 Page 110 of 513 Uncertified Printout 1-4-604. Filing of petitions and certificates of designation by assembly - legislative declaration. (1) (a) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any national or state office specified in section 1-4-502 (1), or for member of the general assembly, district attorney, or district office greater than a county office, together with the written acceptances signed by the persons designated or nominated by such assembly described in section 1-4-601 (3), shall be filed by the presiding officer or secretary of such assembly and received in the office of the secretary of state. (b) A copy of each such certificate of designation shall be transmitted by the presiding officer or secretary of each assembly to the state central committee of the political party holding such assembly within three days after the adjournment of such assembly. (2) Every petition or certificate of designation by assembly in the case of a candidate for nomination for any elective office other than the offices specified in paragraph (a) of subsection (1) of this section shall be filed in the office of the county clerk and recorder of the county where the person is a candidate. (3) Certificates of designation by assembly shall be filed no later than four days after the adjournment of the assembly. Certificates of designation may be transmitted by facsimile transmission; however, the original certificate must also be filed and postmarked no later than ten days after the adjournment of the assembly. (4) (Deleted by amendment, L. 99, p. 764, § 22, effective May 20, 1999.) (5) Late filing of the certificate of designation shall not deprive candidates of their candidacy. (6) (a) No later than four days after the adjournment of the assembly, the state central committee of each political party, utilizing the information described in paragraph (b) of subsection (1) of this section, shall file with the secretary of state a compilation of the certificates of designation of each assembly that nominated candidates for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office. Such a compilation of certificates of designation may be transmitted by facsimile transmission; however, the original compilation must also be filed and postmarked no later than ten days after the adjournment of the assembly. (b) The secretary of state shall compare such party compilation of certificates of designation with the certificates of designation filed by each such assembly with the secretary of state's office pursuant to paragraph (a) of subsection (1) of this section. In the event that a certificate of designation appearing on such party compilation has not been filed pursuant to paragraph (a) of subsection (1) of this section, the secretary of state shall notify the state central committee of such party not less than fifty-seven days before the primary election of an assembly's failure to file such certificate of designation. (c) A state central committee that receives notification pursuant to paragraph (b) of this subsection (6) shall file, or direct the presiding officer of the assembly to file, the certificate of designation, together with any written acceptances, not less than fifty-six days before the primary election. (d) The general assembly hereby finds and declares that it is beneficial to improve the procedure and timeliness for communicating the designation of candidates for the primary election ballot by political party assemblies between the officers of such assemblies, the state central committee of each political party, and the secretary of state. The general assembly further finds that prescribing certain additional review processes for the documentation evidencing Colorado Revised Statutes 2019 Page 111 of 513 Uncertified Printout designations and nominations of candidates that are not onerous will serve to minimize the likelihood of a candidate being deprived of his or her candidacy and of an erroneous primary election ballot. The general assembly further encourages the responsible officials to engage in the enhanced communication and review described in this subsection (6) well in advance of statutorily prescribed deadlines or ballot certification dates, if possible, in order to maximize the time for giving notice and resolving any issues that may arise from the primary ballot nomination process. Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 310, § 2, effective March 27. L. 87: Entire section amended, p. 287, § 9, effective June 26. L. 89: Entire section amended, p. 303, § 9, effective May 9. L. 92: Entire part amended, p. 682, § 6, effective January 1, 1993. L. 99: Entire section amended, p. 286, § 2, effective April 13; entire section amended, p. 764, § 22, effective May 20. L. 2000: (1)(a) amended, p. 2028, § 4, effective August 2. Editor's note: (1) This section is similar to former § 1-14-208 as it existed prior to 1980. (2) Amendments to this section by Senate Bill 99-025 and House Bill 99-1225 were harmonized. 1-4-605. Order of names on primary ballot. Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote, and so on until all of the candidates designated have been placed on the ballot. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot. Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 85: Entire section amended, p. 258, § 10, effective May 31. L. 92: Entire part amended, p. 683, § 6, effective January 1, 1993. Editor's note: This section is similar to former § 1-14-209 as it existed prior to 1980. PART 7 CONVENTIONS - POLITICAL PARTY NOMINATIONS 1-4-701. Party nominations to be made by convention. (1) Any convention of delegates of a political party or any committee authorized by resolution of the convention may nominate candidates for vacancies to unexpired terms of representatives in congress and for presidential electors and also may select delegates to national political conventions. Colorado Revised Statutes 2019 Page 112 of 513 Uncertified Printout (2) (a) The certificate of nomination shall contain the name of the office for which each person is nominated and the person's name and address and shall designate, in not more than three words, the political party which the convention or committee represents. (b) No certificate of nomination shall contain the names of more candidates for any office than there are offices to fill. If any certificate does contain the names of more candidates than there are offices to fill, only those names which come first in order on the certificate and are equally numbered with the number of offices to be filled shall be taken as nominated. No person shall sign more than one certificate of nomination for any office. (c) When the nomination is made by a committee, the certificate of nomination shall also contain a copy of the resolution passed at the convention which authorized the committee to make the nomination. (d) In the case of presidential electors, the names of the candidates for president and vice president may be added to the name of the political party in the certificate of nomination. (3) Certificates of nomination shall be received and filed with the secretary of state no later than sixty days before the general or congressional vacancy election. (4) Any person nominated in accordance with this section by any of the major political parties shall be deemed to have accepted the nomination unless the candidate files with the secretary of state a written declination of the nomination no later than four days after the adjournment of the convention. The declination may be transmitted by facsimile transmission no later than four days after the adjournment of the convention. If the declination is transmitted by facsimile transmission, the original declination must also be filed and postmarked no later than ten days after the adjournment of the convention. Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 85: (3) amended, p. 248, § 6, effective July 1. L. 88: (4) amended, p. 1429, § 1, effective June 11. L. 92: Entire part amended, p. 683, § 6, effective January 1, 1993. L. 99: (3) and (4) amended, p. 764, § 23, effective May 20. L. 2012: (4) amended, (HB 12-1292), ch. 181, p. 680, § 12, effective May 17. Editor's note: The provisions of this section are similar to several former provisions of § 1-14-107 as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for objections to nominations, see § 1-4-909. 1-4-702. Nominations of candidates for general election by convention. (1) Notwithstanding any other provision of law, a political party may choose to change from the nomination of candidates by primary election to the nomination of candidates by assembly or convention for all offices including, but not limited to, united states senator, representative in congress, all elective state, district, and county officers, and members of the general assembly if at least three-fourths of the total membership of the party's state central committee votes to use the assembly or convention nomination process; except that nominations by major political parties for candidates for lieutenant governor shall be made by the party's candidate for governor pursuant to section 1-4-502 (3). Such vote of the party central committee shall occur no later Colorado Revised Statutes 2019 Page 113 of 513 Uncertified Printout than October 1 of the year preceding the year in which an assembly or convention nominating process is to be used. (2) A political party nominating candidates by party assembly or convention shall nominate the candidates of the party and make such nominations public not later than seventyfive days before the general election. (3) Whichever method of candidate selection is chosen by a major political party as between primary election, assembly or convention, all of the candidates for that party at any level of office in that election year must be selected by such method, except that the requirements of this provision shall not apply to a primary for president of the united states if such an election is held. Source: Initiated 2016: Entire section added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2823. Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 Cross references: For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. PART 8 NOMINATION OF CANDIDATES BY PETITION Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this part 8 was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 8 prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of articles 1 to 13 for 1980 and of this part 8 for 1992, see the comparative tables located in the back of the index. 1-4-801. Designation of party candidates by petition. (1) Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office. (2) The signature requirements for the petition are as follows: (a) Every petition in the case of a candidate for any county office must be signed by electors eligible to vote within the county commissioner district or political subdivision for Colorado Revised Statutes 2019 Page 114 of 513 Uncertified Printout which the officer is to be elected. Except as otherwise provided in subsection (2)(e) of this section, the petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. Notwithstanding any other provision of law, an unaffiliated elector is not eligible to sign a petition for a candidate of a major political party. (a.5) Every petition in the case of a candidate for a member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand five hundred signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. (b) Every petition in the case of a candidate for member of the general assembly or any district office greater than a county office must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. (b.5) Every petition in the case of a candidate for the office of district attorney must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. (c) (I) Repealed. (II) Every petition in the case of a candidate for the office of governor or the office of United States senator must be signed by at least one thousand five hundred eligible electors in each congressional district. (c.5) Every petition in the case of a candidate for the office of secretary of state, attorney general, or state treasurer must be signed by at least one thousand eligible electors in each congressional district. (c.7) Every petition in the case of a candidate for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado must be signed by at least five hundred eligible electors in each congressional district. (d) (Deleted by amendment, L. 93, p. 1405, § 29, effective July 1, 1993.) (e) Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two primary elections immediately following an election at which the voters have Colorado Revised Statutes 2019 Page 115 of 513 Uncertified Printout approved the change in the membership of the board, the signature requirements for the petition are as follows: (I) Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to twenty percent of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in each county commissioner district that held a primary election in either of those elections. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot. (II) Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, the determination of the required number of signers must begin with a calculation of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in the county commissioner districts that held a primary election in either of those elections. Upon a determination of the average, that number must then be divided by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. After completing this calculation, every petition must require signers equal in number to twenty percent of the number realized. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to the following calculation: (A) Twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot; and (B) Divide the number found in sub-subparagraph (A) of this subparagraph (II) by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. (f) Following the first two primary elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10306.7, C.R.S., in accordance with the requirements of paragraph (e) of this subsection (2), the signature requirements for a petition for a county commissioner candidate who is affiliated with a major political party must follow the procedures specified in paragraph (a) of this subsection (2). (3) No person shall be placed in nomination by petition on behalf of any political party unless the person was affiliated with the political party, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination. (4) No person who attempted and failed to receive at least ten percent of the votes for the nomination of a political party assembly for a particular office shall be placed in nomination by petition on behalf of the political party for the same office. (5) Party petitions shall not be circulated nor any signatures be obtained prior to the third Tuesday in January. Petitions must be filed no later than the third Tuesday in March. Colorado Revised Statutes 2019 Page 116 of 513 Uncertified Printout (6) A candidate for a presidential primary election shall not begin circulating petitions before the first Monday in November of the year preceding the year in which the presidential primary election is held. A candidate must file a petition no later than the eighty-fifth day before the date of the presidential primary election. Source: L. 92: Entire part R&RE, p. 684, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1405, § 29, effective July 1. L. 98: (2)(a) to (2)(c) amended, p. 634, § 6, effective May 6. L. 99: (5) amended, p. 764, § 24, effective May 20. L. 2000: (1) amended, p. 2029, § 5, effective August 2. L. 2005: (5) amended, p. 1399, § 16, effective June 6; (5) amended, p. 1434, § 16, effective June 6. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1502, § 4, effective May 27. L. 2011: (5) amended, (SB 11-189), ch. 243, p. 1064, § 9, effective May 27. L. 2013: (2)(a) amended and (2)(e) and (2)(f) added, (SB 13-243), ch. 268, p. 1410, § 1, effective May 24. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 576, § 30, effective May 18. Initiated 2016: (6) added, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820. L. 2017: (5) amended, (SB 17-209), ch. 234, p. 946, § 2, effective August 9. L. 2018: (2)(a) amended, (SB 18-233), ch. 262, p. 1607, § 10, effective May 29. L. 2019: (2)(a), (2)(b), (2)(c)(II), and (6) amended and (2)(a.5), (2)(b.5), (2)(c.5), and (2)(c.7) added, (HB 191278), ch. 326, p. 3011, § 18, effective August 2. Editor's note: (1) The provisions of this section are similar to several former provisions of § 1-4-603 as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index. (2) Subsection (2)(c)(I)(B) provided for the repeal of subsection (2)(c)(I), effective January 1, 1999. (See L. 98, p. 634.) (3) This section was amended by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows: FOR: 1,701,599 AGAINST: 953,246 (4) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-802. Petitions for nominating minor political party and unaffiliated candidates for a partisan office. (1) Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a major political party may be nominated, other than by a primary election or a convention, in the following manner: (a) A petition for nominating minor political party or unaffiliated candidates shall be prepared, indicating the name and address of any candidate for the office to be filled. The petition shall indicate the name of the minor political party or designate in not more than three words the political or other name selected by the signers to identify an unaffiliated candidate. No Colorado Revised Statutes 2019 Page 117 of 513 Uncertified Printout name of any political party shall be used, in whole or in part, to identify an unaffiliated candidate. (b) Each petition shall contain only the name of one candidate for one office; except that any petition for a candidate for president of the United States shall also include a candidate for vice president, and a candidate for governor shall also include a candidate for lieutenant governor, and together they shall be considered joint candidates at the general election. In the case of nominations for electors of president and vice president of the United States, the names of the joint candidates may be added to the political or other name designated on the petition. (c) Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, for district attorney, and for county office must be signed by eligible electors residing within the district or political subdivision in which the officer is to be elected. Except as otherwise provided in subsection (2) of this section, the number of signatures of eligible electors on a petition is as follows: (I) At least one thousand five hundred in each congressional district for the office of president and vice president; (II) (A) At least one thousand in each congressional district for the offices of governor, secretary of state, attorney general, or treasurer, or the office of United States senator; (B) At least five hundred in each congressional district for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado; (III) The lesser of one thousand five hundred or two and one-half percent of the votes cast in the congressional district in the most recent general election for the office of member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district; (IV) The lesser of one thousand or three and one-third percent of the votes cast in the senate district in the most recent general election for the office of member of the state senate; (V) The lesser of one thousand or five percent of votes cast in the house district in the most recent general election for the office of member of the state house of representatives; (VI) The lesser of one thousand or three percent of the votes cast in the district in the most recent general election for the office of district attorney; and (VII) The lesser of one thousand or two percent of the votes cast for all candidates for that office in the most recent general election for any county office. (d) (I) No petition to nominate an unaffiliated candidate, except petitions for candidates for vacancies to unexpired terms of representatives in congress and for presidential electors, shall be circulated or any signatures obtained thereon earlier than one hundred seventy-three days before the general election. (II) No petition to nominate a minor political party candidate shall be circulated nor any signatures obtained thereon earlier than the first Monday in February in the general election year. (e) The petition to nominate an unaffiliated candidate may designate or appoint upon its face one or more unaffiliated registered electors as a committee to fill vacancies in accordance with section 1-4-1008. However, in the case of a petition for the office of state senator or state representative, the petition shall designate or appoint upon its face three or more unaffiliated registered electors as a committee to fill vacancies in accordance with sections 1-4-1008 and 112-203. Colorado Revised Statutes 2019 Page 118 of 513 Uncertified Printout (f) (I) Except as provided by subparagraph (II) of this paragraph (f), petitions shall be filed no later than 3 p.m. on the one hundred seventeenth day before the general election or, for a congressional vacancy election, no later than 3 p.m. on the twentieth day after the date of the order issued by the governor. (II) Petitions to nominate candidates of minor political parties shall be filed no later than eighty-five days before the primary election as specified in section 1-4-101. (g) (I) For congressional vacancy elections, no person shall be placed in nomination by petition unless the person is an eligible elector and was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, for at least twelve months prior to the last date the petition may be filed. (II) For general elections, no person shall be placed in nomination by petition unless the person is an eligible elector of the political subdivision or district in which the officer is to be elected and unless the person was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person desires to be placed in nomination; except that, if such nomination is for a nonpartisan election, the person shall be an eligible elector of the political subdivision or district and be a registered elector, as shown in the statewide voter registration system, on the date of the earliest signature on the petition. (2) Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two general elections immediately following an election at which the voters have approved a change in the membership of the board, the signature requirements for the petition to select candidates who do not wish to affiliate with a major political party are as follows: (a) Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to the lesser of either seven hundred fifty signers or two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election; (b) Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, every petition must require signers equal in number to the lesser of either: (I) Seven hundred fifty signers; or (II) The number realized by first determining two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election, and then dividing that number by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in a district, whether three or five. (3) Following the first two general elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10306.7, C.R.S., the signature requirements for a petition for a county commissioner candidate who does not wish to affiliate with a major political party must follow the procedures specified in subparagraph (VI) of paragraph (c) of subsection (1) of this section. Colorado Revised Statutes 2019 Page 119 of 513 Uncertified Printout Source: L. 92: Entire part R&RE, p. 685, § 7, effective January 1, 1993. L. 95: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (1)(g) amended, pp. 861, 885, 830, §§ 116, 2, 29, effective July 1. L. 96: IP(1) amended, p. 1739, § 21, effective July 1. L. 99: (1)(d) and (1)(f) amended, p. 764, § 25, effective May 20. L. 2003: IP(1), (1)(a), (1)(d), (1)(e), (1)(f), and (1)(g) amended, p. 1310, § 7, effective April 22. L. 2005: (1)(d) and (1)(f) amended, p. 1399, § 17, effective June 6; (1)(d) and (1)(f) amended, p. 1434, § 17, effective June 6. L. 2010: (1)(g) amended, (HB 10-1271), ch. 324, p. 1503, § 5, effective May 27. L. 2011: (1)(d) and (1)(f) amended, (SB 11-189), ch. 243, p. 1064, § 10, effective May 27. L. 2012: (1)(b), (1)(d)(I), and (1)(f)(I) amended, (HB 12-1292), ch. 181, p. 680, § 13, effective May 17. L. 2013: IP(1)(c) amended and (2) and (3) added, (SB 13-243), ch. 268, p. 1411, § 2, effective May 24. L. 2016: (1)(g) amended, (SB 16-142), ch. 173, p. 576, § 31, effective May 18. L. 2017: (1)(e) amended, (SB 17-209), ch. 234, p. 962, § 8, effective August 9. L. 2019: (1)(c) amended, (HB 19-1278), ch. 326, p. 3012, § 19, effective August 2. Editor's note: (1) This section is similar to former § 1-4-801 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For filling vacancies in a nomination for an unaffiliated candidate, see § 1-4-1002 (4) and (5). (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-803. Petitions for nominating school district directors. (1) (a) Any person who desires to be a candidate for the office of school director in a school district in which fewer than one thousand students are enrolled shall file a nomination petition signed by at least twenty-five eligible electors from throughout the school district, regardless of the school district's plan of representation. Any person who desires to be a candidate for the office of school director in a school district in which one thousand students or more are enrolled shall file a nomination petition signed by at least fifty eligible electors from throughout the school district, regardless of the school district's plan of representation. An eligible elector may sign as many petitions as candidates for whom that elector may vote. (b) A person who desires to be a candidate for the office of school director may not circulate the nomination petition for signatures prior to ninety days before the election. (c) The petition may designate or appoint on its face one or more eligible electors as a committee to fill vacancies in the nomination. (2) The nomination petition must be filed no later than sixty-seven days before the election date. (3) If a school district has an at-large method of representation and if terms of different lengths are to be filled at a district election, candidates must designate on the nomination petition the term for which they are running. (4) A candidate for the office of school director shall not run as a candidate of any political party for that school directorship. Colorado Revised Statutes 2019 Page 120 of 513 Uncertified Printout (5) The candidate for the office of school director shall have been a registered elector of the school district, as shown on the books of the county clerk and recorder, for at least twelve consecutive months prior to the date of the election. Source: L. 92: Entire part R&RE, p. 686, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1406, § 30, effective July 1. L. 94: (1) amended, p. 1153, § 14, effective July 1. L. 95: (1) amended, p. 831, § 30, effective July 1. L. 98: (5) amended, p. 291, § 2, effective July 1. L. 99: (1) amended, p. 468, § 1, effective April 30; (2) amended, p. 765, § 26, effective May 20. L. 2006: (1) and (5) amended, p. 1024, § 6, effective May 25. L. 2017: (1)(c) added, (SB 17209), ch. 234, p. 947, § 3, effective August 9. 1-4-804. Petitions for nominating nonpartisan special district directors. (Repealed) Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: Entire section amended, p. 1406, § 31, effective July 1. L. 94: (1) amended and (3) added, p. 1153, § 15, effective July 1. L. 96: (4) added, p. 1740, § 22, effective July 1. L. 99: Entire section repealed, p. 450, § 5, effective August 4. 1-4-805. Petitions for nominating municipal candidates in coordinated elections. Any person who desires to be a candidate for a municipal office in a coordinated election shall, in lieu of the requirements of this article, comply with the nominating petition procedure set forth in the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.; except that part 11 of this article, concerning write-in candidate affidavits, shall apply in such municipal elections, and any nominating petition may be circulated and signed beginning on the ninety-first day prior to the election and shall be filed with the municipal clerk no later than the seventy-first day prior to the date of the election. The petition may be amended to correct or replace signatures that the clerk finds are not in apparent conformity with the requirements of the municipal election code at any time before the sixty-seventh day before the election. Source: L. 93: Entire section added, p. 1406, § 32, effective July 1. L. 95: Entire section amended, p. 831, § 31, effective July 1. L. 96: Entire section amended, p. 1740, § 23, effective July 1. L. 99: Entire section amended, p. 765, § 27, effective May 20. L. 2004: Entire section amended, p. 1522, § 1, effective May 28. 1-4-806. Preregistrants eligible to sign petitions. A preregistrant who is eligible to vote in a primary election under section 1-2-101 (2)(c) is eligible to sign a petition under this part 8 to nominate a candidate for the primary election or for the next general election. Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3013, § 20, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Colorado Revised Statutes 2019 Page 121 of 513 Uncertified Printout Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. PART 9 PETITIONS FOR CANDIDACY Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this part 9 was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 9 prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of articles 1 to 13 for 1980 and of this part 9 for 1992, see the comparative tables located in the back of the index. 1-4-901. Designation of petition. (1) The petition for a candidate may consist of one or more sheets, to be fastened together in the form of one petition section, but each sheet shall contain the same heading and each petition section shall contain one sworn affidavit of the circulator. Except for the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor, no petition shall contain the name of more than one person for the same office. (2) Repealed. Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1406, § 33, effective July 1. L. 95: (2) amended, p. 831, § 32, effective July 1. L. 96: (2) repealed, p. 1740, § 24, effective July 1. L. 2001: (1) amended, p. 1002, § 4, effective August 8. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 681, § 14, effective May 17. Editor's note: This section is similar to former § 1-4-603 (3) as it existed prior to 1992. Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701. 1-4-902. Form of petition. (1) The signatures to a petition need not all be appended to one paper, but no petition is legal that does not contain the requisite number of names of eligible electors whose names do not appear on any other petition previously filed for the same office under this section. (2) At the top of each page shall be printed, in bold-faced type, the following: WARNING: IT IS AGAINST THE LAW: Colorado Revised Statutes 2019 Page 122 of 513 Uncertified Printout For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same candidate or to knowingly sign the petition when not a registered elector. Do not sign this petition unless you are an eligible elector. To be an eligible elector you must be registered to vote and eligible to vote in (name of political subdivision) elections. Do not sign this petition unless you have read or have had read to you the proposed nomination petition in its entirety and understand its meaning. (3) Directly following the warning in subsection (2) of this section shall be printed in bold-faced type the following: Petition to nominate (name of person sought to be elected to) the office of (title of office). Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: (3) amended, p. 1766, § 4, effective June 6. L. 95: (2) and (3) amended, p. 831, § 33, effective July 1. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 622, § 12, effective May 9. Editor's note: Subsection (1) is similar to former § 1-4-801 (1)(d) as it existed prior to 1992. Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014. 1-4-903. Approval of petition. No petition shall be circulated until it has been approved as meeting the requirements of this section as to form. The secretary of state or the official with whom the petitions are to be filed shall approve or disapprove a petition as to form by the close of the second business day following submission of the proposed petition. The secretary of state or official, as applicable, shall mail written notice of the action taken to the person who submitted the petition on the day the action is taken. Source: L. 92: Entire part R&RE, p. 688, § 7, effective January 1, 1993. L. 95: Entire section amended, p. 832, § 34, effective July 1. L. 96: Entire section amended, p. 1740, § 25, effective July 1. Cross references: For filing a certificate of designation, see § 1-4-604; for convention nominations, see § 1-4-701. 1-4-904. Signatures on the petitions. (1) Every petition shall be signed only by eligible electors. (2) (a) For petitions to nominate candidates from a major political party in a partisan election, each signer must be affiliated with the major political party named in the petition and shall state the following to the circulator: That the signer has been affiliated with the major political party named in the petition for at least twenty-nine days as shown in the statewide voter Colorado Revised Statutes 2019 Page 123 of 513 Uncertified Printout registration system and that the signer has not signed any other petition for any other candidate for the same office. (b) Petitions to nominate candidates from a minor political party or unaffiliated candidates in a partisan election may be signed by any eligible elector who has not signed any other petition for any other candidate for the same office. (3) Unless physically unable, all electors shall sign their own signature and shall print their names, their respective residence addresses, including the street number and name, the city or town, the county, and the date of signature. Each signature on a petition shall be made, to the extent possible, in black ink. (4) Any person, except a circulator, may assist an elector who is physically unable to sign the petition in completing the information on the petition as required by law. On the petition, immediately following the name of the disabled elector, the person providing assistance shall both sign and shall state that the assistance was given to the disabled elector. Source: L. 92: Entire part R&RE, p. 688, § 7, effective January 1, 1993. L. 93: (1) amended, p. 34, effective July 1. L. 99: (2) amended, p. 765, § 28, effective May 20. L. 2002: (2) amended, p. 1626, § 3, effective June 7. L. 2003: (2) amended, p. 1311, § 8, effective April 22. L. 2016: (2)(a) amended, (SB 16-142), ch. 173, p. 577, § 32, effective May 18. Editor's note: This section is similar to former § 1-4-603 (3) as it existed prior to 1992. Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701. 1-4-905. Circulators - requirements - affidavits - notarization - training. (1) A person shall not circulate a petition to nominate a candidate unless the person is a citizen of the United States and at least eighteen years of age. (2) (a) Each petition section must have attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which must include: The affiant's printed name, the address at which the affiant resides, including the street name and number, the city or town, the county, and the date of signature; a statement that the affiant has read and understands the laws governing the circulation of petitions; a statement that the affiant was a citizen of the United States and at least eighteen years of age at the time the section of the petition was circulated and signed by the listed electors; a statement that the affiant circulated the section of the petition; a statement that each signature on the petition section was affixed in the affiant's presence and is the signature of the person whose name it purports to be; a statement that to the best of the affiant's knowledge and belief each of the persons signing the petition section was, at the time of signing, an eligible elector; a statement that the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to sign the petition; a statement that the affiant understands that the affiant can be prosecuted for violating the law governing the circulation of petitions, including the requirement that the affiant truthfully completed the affidavit and that each signature thereon was affixed in the affiant's presence; and a statement that the affiant understands that failing to Colorado Revised Statutes 2019 Page 124 of 513 Uncertified Printout make himself or herself available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud. (b) (I) A notary public shall not notarize an affidavit required under subsection (2)(a) of this section unless: (A) The circulator is in the physical presence of the notary public; (B) The circulator has dated the affidavit and fully and accurately completed all of the personal information on the affidavit required by subsection (2)(a) of this section; and (C) The circulator presents a form of identification as defined in section 1-1-104 (19.5). (II) An affidavit that is notarized in violation of any provision of subsection (2)(b)(I) of this section is invalid. (III) If the date signed by a circulator on an affidavit required under subsection (2)(a) of this section is different from the date signed by the notary public, the affidavit is invalid. If a notary public notarizes an affidavit that has not been dated by the circulator, the notarization date does not cure the circulator's failure to date the affidavit and the affidavit is invalid. (3) The designated election official shall not accept for filing any section of a petition which does not have attached to it the notarized affidavit required by this section. Any signature added to a section of a petition after the affidavit has been executed is invalid. (4) (a) As part of any court proceeding or hearing conducted by the secretary of state or designated election official related to a protest of all or part of a petition section, the circulator of such petition section shall be required to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as set forth in subsection (4)(b) of this section, the petition section that is the subject of the protest shall be invalid if a circulator fails to comply with the requirement set forth in this subsection (4)(a) for any protest that includes an allegation of circulator fraud that is pled with particularity regarding: (I) Forgery of an eligible elector's signature; (II) Circulation of a petition section, in whole or part, by anyone other than the person who signs the affidavit attached to the petition section; (III) Use of a false circulator name or address in the affidavit; or (IV) Payment of money or other things of value to any person for the purpose of inducing the person to sign the petition. (b) Upon the finding by a district court, the secretary of state, or the designated election official that the circulator of a petition section is unable to be deposed or to testify at trial or a hearing conducted by the secretary of state or designated election official because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify by any means whatsoever, the provisions of subsection (4)(a) of this section do not apply to invalidate a petition section circulated by the circulator. (5) A candidate or candidate committee shall maintain a list of the names and addresses of all circulators who circulated petition sections on behalf of the candidate, the notaries public who notarized petition sections on behalf of the candidate, and the petition section numbers that each circulator circulated and that each notary public notarized. A copy of the list shall be filed with the secretary of state or designated election official along with the petition. If a copy of the list is not filed, the secretary of state or designated election official shall prepare the list and charge the proponents a fee to cover the actual cost of the preparation. Once filed or prepared by Colorado Revised Statutes 2019 Page 125 of 513 Uncertified Printout the secretary of state or designated election official, the list is a public record for purposes of article 72 of title 24. (6) (a) A circulator who is not to be paid for circulating a petition shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible. (b) A circulator who is to be paid for circulating a petition shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator. (7) The secretary of state shall develop circulator training programs for paid and volunteer circulators and shall offer the training programs in the most cost-effective manner available. A candidate, committee, or petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation. Source: L. 92: Entire part R&RE, p. 689, § 7, effective January 1, 1993. L. 98: (1) amended, p. 634, § 7, effective May 6. L. 2001: (1) amended, p. 1002, § 5, effective August 8. L. 2007: (1) and (2) amended, p. 1971, § 9, effective August 3. L. 2016: (1) amended, (SB 16142), ch. 173, p. 577, § 33, effective May 18. L. 2019: (1) and (2) amended and (4), (5), (6), and (7) added, (HB 19-1278), ch. 326, p. 3013, § 21, effective August 2. Editor's note: (1) This section is similar to former § 1-4-603 (8) as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-905.5. Petition entities - requirements - violations - definitions. (1) As used in this section: (a) "Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution. (b) "Candidate committee" has the same meaning as set forth in section 2 (3) of article XXVIII of the state constitution. (c) "Petition entity" means any person or committee that provides payment to a circulator to circulate a petition to nominate a candidate. (2) (a) It is unlawful for any petition entity to provide payment to a circulator to circulate a petition to nominate a candidate without first obtaining a license from the secretary of state. (b) (I) The secretary of state may deny a license if he or she finds that the petition entity or any of its principals have been found, in a judicial or administrative proceeding, to have authorized or knowingly permitted any of the acts set forth in subsection (2)(c) of this section. Colorado Revised Statutes 2019 Page 126 of 513 Uncertified Printout (II) The secretary of state shall deny a license if no current representative of the petition entity has completed the training related to potential fraudulent activities in petition circulation as established by the secretary of state in accordance with section 1-4-905 (7). (c) The secretary of state shall revoke a petition entity's license if, at any time after receiving a license, the petition entity is determined to no longer be in compliance with the requirements set forth in subsection (2)(b) of this section or if the petition entity authorized or knowingly permitted: (I) Forgery of a registered elector's signature; (II) Circulation of a petition section, in whole or part, by anyone other than the circulator who signs the affidavit attached to the petition section; (III) Use of a false circulator name or address in the affidavit; (IV) Payment of money or other things of value to any person for the purpose of inducing the person to sign or withdraw his or her name from a petition; or (V) A notary public's notarization of a circulator affidavit outside of the physical presence of the circulator or without the production of the required identification for notarization of a petition section. (3) (a) Whenever the secretary of state believes that a violation of this section has occurred, the secretary of state may investigate the violation. The secretary of state may also investigate possible violations of this section upon a signed complaint from any person. (b) If the secretary of state denies, revokes, suspends, or imposes a condition on a license, the applicant or licensee is entitled to timely notice and hearing in accordance with article 4 of title 24. (c) If, after a hearing, the secretary of state finds that an unlicensed petition entity circulated a petition in violation of this section, the secretary of state shall fine the petition entity in an amount not to exceed one hundred dollars per circulator for each day that the individual or individuals circulated petition sections on behalf of the unlicensed petition entity. (d) If, after a hearing, the secretary of state finds that a petition entity violated a provision of subsection (2)(c) of this section, the secretary shall revoke the entity's license for not less than ninety days or more than one hundred eighty days. Upon finding any subsequent violation of a provision of subsection (2)(c) of this section, the secretary shall revoke the petition entity's license for not less than one hundred eighty days or more than one year. The secretary shall consider all circumstances surrounding the violations in fixing the length of the revocations. (e) If, after a hearing, the secretary of state finds that a petition entity violated the requirements of subsection (5) of this section, the secretary shall fine the petition entity in an amount not to exceed five thousand dollars. (f) A petition entity whose license has been revoked may apply for reinstatement to be effective upon expiration of the term of revocation. (g) In determining whether to reinstate a license, the secretary of state may consider: (I) The entity's ownership by, employment of, or contract with any person who served as a director, officer, owner, or principal of a petition entity whose license was revoked under this section or section 1-40-135, the role of such individual in the facts underlying the prior license revocation, and the role of such individual in a petition entity's post-revocation activities; and Colorado Revised Statutes 2019 Page 127 of 513 Uncertified Printout (II) Any other facts the entity chooses to present to the secretary, including but not limited to remedial steps, if any, that have been implemented to avoid future acts that would violate this article 4 or article 40 of this title 1. (4) (a) The secretary of state shall issue a decision on any application for a new or reinstated license within ten business days after a petition entity files an application. The application must be on a form prescribed by the secretary and must include, at a minimum: (I) The name of any candidate or candidate committee for which a petition will be circulated by circulators coordinated or paid by the petition entity; (II) The current name, address, telephone number, and electronic-mail address of the petition entity; and (III) The name and signature of the designated agent of the petition entity for the candidate or candidate committee. (b) A petition entity shall notify the secretary of state within twenty days of any change in the information submitted pursuant to subsection (4)(a) of this section. (c) The secretary of state shall charge a nonrefundable license fee for each application in accordance with section 24-21-104 (3). (5) A petition entity shall ensure that a petition circulated by the entity is delivered to the candidate or candidate committee no later than three days before the deadline for the candidate to file the petition. (6) The secretary of state may create a single application and license, and charge a single fee, for entities subject to this section and section 1-40-135. Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3015, § 22, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-906. Candidate's acceptance. Every nominating petition before it is filed shall have attached to it a notarized acceptance of the nomination of the candidate or notarized acceptances by both of the joint candidates. Each acceptance of nomination shall contain the full name of the candidate or joint candidate as the name will appear on the ballot and the candidate's full address. Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. Editor's note: This section is similar to former § 1-4-603 (4) as it existed prior to 1992. 1-4-907. Filing of petition. The petition, when executed and acknowledged as prescribed in this part 9, shall be filed as follows: With the secretary of state if it is for an office that is voted on by the electors of the entire state or of a congressional district or for the offices Colorado Revised Statutes 2019 Page 128 of 513 Uncertified Printout of members of the general assembly or district attorney or a district office of state concern; with the county clerk and recorder if it is for a county office; and with the designated election official if it is for a nonpartisan local election. Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1621, § 1, effective May 31. L. 95: Entire section amended, p. 832, § 35, effective July 1. Editor's note: This section is similar to former § 1-4-801 (1)(h) as it existed prior to 1992. 1-4-908. Review of petition - signature verification - notification - cure - rules. (1) Upon filing, the designated election official for the political subdivision shall review all petition information and verify the information against the registration records, and, where applicable, the county assessor's records. The secretary of state shall establish guidelines for verifying petition entries. (1.5) (a) In any election conducted after January 1, 2018, for any petition that must be filed with the secretary of state in accordance with section 1-4-907, the secretary of state shall compare each signature on a candidate petition with the signature of the eligible elector stored in the statewide voter registration system. The secretary of state may use a signature verification device to compare the signatures. (b) (I) If it is determined that the signature on the petition does not match the signature of the eligible elector stored in the statewide voter registration database, or if a signature verification device is unable to determine that the signatures match, a second review shall be made by an employee of the secretary of state's office or a designee trained in signature verification. If the employee or designee agrees that the signatures do not match, the secretary of state shall, within three days of determining the signature deficiency, notify the candidate of such deficiency. (II) To cure a signature that failed the signature verification process described in subsection (1.5)(b)(I) of this section, a candidate must provide the secretary of state with a statement, signed by the elector whose signature failed the verification process, that states substantially that the elector signed the petition. The statement must be accompanied by a copy of the elector's identification, as defined in section 1-1-104 (19.5). The secretary of state shall prescribe the form for the statement. To cure the signature deficiency, the candidate must return the statement and a copy of the elector's identification to the secretary of state within three days of the date the secretary notifies the candidate of the signature deficiency. (III) The secretary of state may promulgate rules, in accordance with article 4 of title 24, to implement this subsection (1.5). (2) (Deleted by amendment, L. 95, p. 832, § 36, effective July 1, 1995.) (2.5) If, while verifying a signer's information against the registration records in accordance with subsection (1) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address as required under section 1-4-904 (3), the designated election official may accept the signature line as valid if the designated election official is able to locate the signer's record in the statewide voter registration database and determine that the signer was eligible to sign the petition. Colorado Revised Statutes 2019 Page 129 of 513 Uncertified Printout (3) After review, the official shall notify the candidate of the number of valid signatures and whether the petition appears to be sufficient or insufficient. In the case of a petition for nominating an unaffiliated candidate, the official shall provide notification of sufficiency or insufficiency to the candidate no later than ninety-six days before the general election. Upon determining that the petition is sufficient and after the time for protest has passed, the designated election official shall certify the candidate to the ballot, and, if the election is a coordinated election, so notify the coordinated election official. (4) If a partisan candidate who submitted a candidate petition for review accesses the ballot by assembly before the designated election official declares the petition sufficient or insufficient, the candidate must immediately inform the designated election official. Upon receiving notification, the designated election official shall cease review and shall consider the petition to have never been submitted. Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 94: (1) and (3) amended, p. 1154, § 16, effective July 1. L. 95: (2) and (3) amended, p. 832, § 36, effective July 1; (3) amended, p. 886, § 3, effective July 1. L. 2011: (3) amended, (SB 11-189), ch. 243, p. 1064, § 11, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 681, § 15, effective May 17. L. 2017: (1.5) added, (HB 17-1088), ch. 398, p. 2076, § 1, effective August 9. L. 2019: (2.5) and (4) added, (HB 19-1278), ch. 326, p. 3018, § 23, effective August 2. Editor's note: (1) This section is similar to former § 1-4-603 (2) as it existed prior to 1992. (2) Amendments to subsection (3) by House Bill 95-1022 and House Bill 95-1241 were harmonized. (3) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-909. Protest of designations and nominations. (1) A petition or certificate of designation or nomination that has been verified and appears to be sufficient under this code shall be deemed valid unless a petition for a review of the validity of the petition pursuant to section 1-1-113 is filed with the district court within five days after the election official's statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official. (1.5) If the election official determines that a petition is insufficient, the candidate named in the petition may petition the district court within five days for a review of the determination pursuant to section 1-1-113. (2) This section does not apply to any nomination made at a primary election. Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 93: (1) amended, p. 1407, § 35, effective July 1. L. 95: (1) amended, p. 833, § 37, effective July 1. L. Colorado Revised Statutes 2019 Page 130 of 513 Uncertified Printout 2001: (1) amended, p. 1002, § 6, effective August 8. L. 2007: (1) amended and (1.5) added, p. 1971, § 10, effective August 3. Editor's note: This section is similar to former § 1-4-901 as it existed prior to 1992. Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701. 1-4-910. Protest to a recall petition. (Repealed) Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1154, § 17, effective July 1. L. 95: Entire section repealed, p. 833, § 38, effective July 1. 1-4-911. Review of a protest. The party filing a protest has the burden of sustaining the protest by a preponderance of the evidence. The decision upon matters of substance is open to review, if prompt application is made, as provided in section 1-1-113. The remedy in all cases shall be summary, and the decision of any court having jurisdiction shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding in a summary way. Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. Editor's note: This section is similar to former § 1-4-901 as it existed prior to 1992. 1-4-912. Cure - rules. (1) Repealed. (2) During the review of any candidate's petition that is required to be filed with the secretary of state's office, the secretary of state shall notify the candidate of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the candidate has five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the candidate must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit. (3) The secretary of state shall promulgate rules, in accordance with article 4 of title 24, to implement this section, as amended. Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. L. 93: Entire section amended, p. 1407, § 36, effective July 1. L. 94: (1) amended, p. 1155, § 18, effective July 1. L. 95: (1) amended and (2) repealed, pp. 887, 861, 833, §§ 4, 117, 39, effective July 1. L. 99: (1) amended, p. 765, § 29, effective May 20. L. 2005: (1) amended, p. 1399, § 18, effective June 6; (1) amended, p. 1434, § 18, effective June 6. L. 2011: Entire section amended, (SB 11189), ch. 243, p. 1065, § 12, effective May 27. L. 2012: Entire section amended, (HB 12-1292), ch. 181, p. 681, § 16, effective May 17. L. 2017: Entire section amended, (SB 17-209), ch. 234, Colorado Revised Statutes 2019 Page 131 of 513 Uncertified Printout p. 947, § 4, effective August 9; entire section amended, (HB 17-1088), ch. 398, p. 2077, § 2, effective August 9. L. 2019: (1) repealed and (2) amended, (HB 19-1278), ch. 326, p. 3018, § 24, effective August 2. Editor's note: (1) This section is similar to former § 1-4-801 (1)(d) as it existed prior to 1992. (2) Amendments to subsection (1) by House Bill 95-1022 and House Bill 95-1241 were harmonized. (3) Amendments to this section by HB 17-1088 and SB 17-209 were harmonized. (4) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-913. Defacing of petitions. (Repealed) Source: L. 92: Entire part R&RE, p. 692, § 7, effective January 1, 1993. L. 95: Entire section repealed, p. 834, § 40, effective July 1. PART 10 WITHDRAWALS AND DISQUALIFICATIONS FROM, AND VACANCIES IN, NOMINATIONS AND DESIGNATIONS Editor's note: Articles 1 to 13 were repealed and reenacted in 1980. This part 10 was repealed and reenacted in 1992 and was subsequently amended with relocations in 2017, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 10 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2017 are shown in editor's notes following those sections that were relocated. For a detailed comparison of articles 1 to 13 for 1980 and of this part 10 for 1992, see the comparative tables located in the back of the index. 1-4-1001. Withdrawal or disqualification from candidacy. (1) (a) Any person who has accepted a designation or nomination may withdraw from candidacy at any time by filing a letter of withdrawal. The withdrawing candidate shall sign and acknowledge the letter before an officer authorized to take acknowledgments and shall file the letter with the designated election official with whom the original certificate or petition of candidacy was filed. (b) Any candidate withdrawing from a designation or nomination shall forthwith report the withdrawal to the persons designated in this part 10 to fill the vacancy. (c) Except in the case of a vacancy to be filled in accordance with the provisions of section 1-4-1004 or 1-4-1006 that apply when a vacancy occurs from the earliest day to mail Colorado Revised Statutes 2019 Page 132 of 513 Uncertified Printout ballots pursuant to section 1-7.5-107 and the day of a primary or general election, respectively, if the withdrawal of candidacy is not made in time for the candidate's name to be taken off the ballot, any votes cast for the candidate are invalid and shall not be counted. (2) If the designated election official disqualifies a candidate before the ballots are printed, that candidate's name shall not appear on the ballots. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 947, § 5, effective August 9. 1-4-1002. Vacancies in major party designation up to the sixty-eighth day before primary election day. (1) For the purposes of this section, a vacancy is caused by: (a) The declination, death, disqualification, or withdrawal of the person designated by a party assembly as a candidate for nomination; or (b) The failure of a party assembly to make designation of any candidate for nomination. (2) Any vacancy in a party designation occurring after the party assembly at which the designation was made and no later than sixty-eight days before the primary election may be filled by the party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules. (3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill the vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee receiving notice of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail. (b) (I) No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. (II) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party: (A) As shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy; or (B) As the party assembly that failed to designate a candidate, as applicable. (III) No member of the vacancy committee may vote by proxy. (IV) If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state. (c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the Colorado Revised Statutes 2019 Page 133 of 513 Uncertified Printout vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable; except that such certification must in all cases be submitted no later than the sixty-fourth day before the date of the primary election. (II) For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate. (d) If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating that he or she does not intend to fill the vacancy. (4) When a vacancy occurs and is filled pursuant to this section, the designated election official shall certify the name of the replacement candidate to the ballot. (5) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 948, § 5, effective August 9. Editor's note: Former subsection (2.3)(a) was amended by Proposition 108 in 2016. Those amendments were superseded by the amendment of this part 10 in SB 17-209, effective August 9, 2017. For the amendments to subsection (2.3)(a) in Proposition 108 in effect from December 27, 2016, to August 9, 2017, see section 6 on p. 2824, Session Laws of Colorado 2017. 1-4-1003. Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots. (1) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination. (2) A vacancy in a party nomination occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots pursuant to section 1-7.5107 may be filled by the respective party assembly vacancy committee of the appropriate district, county, or state. The party assembly vacancy committee must be appointed by the party in accordance with party rules. (3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail. (b) (I) No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. (II) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political Colorado Revised Statutes 2019 Page 134 of 513 Uncertified Printout party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. (III) No member of the vacancy committee may vote by proxy. (IV) If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state. (c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable. (II) For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate. (d) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made. (e) If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating that he or she does not intend to fill the vacancy. (4) (a) When a vacancy in a party designation is filled pursuant to this section prior to the ballots being printed, the designated election official shall cause the name of the replacement candidate to be printed on the ballot. (b) When a vacancy in a party designation is filled pursuant to this section after the ballots are printed: (I) The designated election official shall: (A) Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and (B) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and (II) Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate. (5) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 954, § 5, effective August 9. Colorado Revised Statutes 2019 Page 135 of 513 Uncertified Printout 1-4-1004. Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day. (1) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination. (2) A vacancy in a party designation occurring from the day after the earliest day to mail primary election ballots pursuant to section 1-7.5-107 through the day of the primary election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in nomination has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules. (3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail. (b) (I) No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. (II) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. (III) No member of the vacancy committee may vote by proxy. (IV) If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state. (c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable. (II) For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate. (d) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made. (e) If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy. (4) When a vacancy in a party nomination is filled pursuant to this section: (a) The designated election official shall: Colorado Revised Statutes 2019 Page 136 of 513 Uncertified Printout (I) Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and (II) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and (b) Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate. (5) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 956, § 5, effective August 9. 1-4-1005. Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots. (1) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person nominated at the primary election. (2) A vacancy in a party nomination occurring from the day after the primary election through the earliest day to mail general election ballots may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in nomination has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules. (3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail. (b) (I) No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. (II) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. (III) No member of the vacancy committee may vote by proxy. (IV) If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose Colorado Revised Statutes 2019 Page 137 of 513 Uncertified Printout declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state. The vacancy is filled until the next general election after the vacancy occurs, when the vacancy is filled by election. (c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable; except that such certification must in all cases be submitted no later than the sixty-fourth day before the date of the general election. (II) For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate. (d) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made. (e) If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy. (4) (a) When a vacancy in a party nomination is filled pursuant to this section prior to the ballots being printed, the designated election official shall cause the name of the replacement candidate to be printed on the ballot. (b) When a vacancy in a party nomination is filled pursuant to this section subsequent to the ballots being printed: (I) The designated election official shall: (A) Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and (B) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and (II) Votes cast for the candidate who vacated the nomination must be counted as votes for the replacement candidate. (5) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate and a vacancy in that office occurs, then the party rule applies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 957, § 5, effective August 9. L. 2019: (3)(c)(I) amended, (HB 19-1278), ch. 326, p. 3019, § 25, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 138 of 513 Uncertified Printout 1-4-1006. Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day. (1) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person nominated at the primary election. (2) A vacancy occurring from the day after the earliest day to mail general election ballots through general election day must be filled in accordance with part 2 of article 12 of this code. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 959, § 5, effective August 9. 1-4-1007. Vacancies in minor party designation or nomination. Any vacancy in a nomination for a minor political party candidate occurring after the filing of the certificate of designation pursuant to section 1-4-1304 (3) and no later than seventy days before the general or congressional vacancy election, which is caused by the declination, death, disqualification, or withdrawal of any person nominated by the minor political party, may be filled by the person or persons designated in the constitution or bylaws of the minor political party to fill vacancies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9. Editor's note: This section is similar to former § 1-4-1002 (4.5) as it existed prior to 2017. 1-4-1008. Vacancies in unaffiliated designation or nomination. Any vacancy in a nomination for an unaffiliated candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition or statement of intent occurring after the filing of the petition for nomination or the submittal of a statement of intent under section 1-4-303 and no later than seventy days before the general or congressional vacancy election may be filled by the person or persons designated on the petition or statement of intent to fill vacancies. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9. Editor's note: This section is similar to former § 1-4-1002 (4) as it existed prior to 2017. 1-4-1009. Vacancies in school district director nomination. (1) A vacancy in nomination for a school district director candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition occurring after the filing of the petition for nomination may be filled by the person or persons designated or appointed on the petition within five days of the person or persons learning of the vacancy. (2) (a) When a vacancy is filled in accordance with this section before the ballots are printed, the coordinated election official shall cause the name of the replacement candidate to be printed on the ballot. (b) When a vacancy is filled in accordance with this section after the ballots are printed: Colorado Revised Statutes 2019 Page 139 of 513 Uncertified Printout (I) The coordinated election official shall: (A) Prominently post, on the coordinated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and (B) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted in accordance with section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and (II) Votes cast for the candidate who vacated the nomination must be counted as votes for the replacement candidate. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9. 1-4-1010. Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots. (1) Except as otherwise provided in subsection (2) of this section or section 1-4-1010 (2), any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office and falling within the time periods governed by section 1-4-1002, 1-4-1003, 1-41004, or 1-4-1005 shall be filled at the next general election with nomination or designation by the political party as follows: (a) (I) If the vacancy occurs before the political party assembly, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election, and candidates for the office shall be designated as provided in section 1-4-601 or 1-4-603. (II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made. (b) (I) If the vacancy occurs after the political party assembly and no later than sixtyeight days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be on the ballot for the next primary election. Candidates for the office shall be designated as provided in section 1-4-603 or by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district. (II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made. (c) If the vacancy occurs during the sixty-seven days before the primary election, or after the primary election and no later than sixty-eight days before the general election, the designated election official shall add the office to the notice of election for the general election and notify the chairperson of each major political party that the office will be on the ballot for the next general election. Nominations for the office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates. Colorado Revised Statutes 2019 Page 140 of 513 Uncertified Printout (d) If the vacancy occurs sixty-eight days or fewer before a general election, that office must be filled at the next general election. (2) Any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by a minor political party pursuant to the constitution or bylaws of the minor political party. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9. Editor's note: Subection (1) is similar to former § 1-4-1002 (7) as it existed prior to 2017. Subsection (2) is similar to former § 1-4-1002 (7.5) as it existed prior to 2017. 1-4-1011. Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor. (1) For the purposes of this part 10, no vacancy in designation or nomination for the office of governor or the office of lieutenant governor in any way affects the candidacy of the other joint candidate. (2) Any vacancy in a nomination for the office of lieutenant governor must be filled by appointment by the vacating candidate's joint candidate for governor. (3) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the candidate designated or nominated for governor or lieutenant governor. Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 961, § 5, effective August 9. Editor's note: Subsection (1) is similar to former § 1-4-1003 as it existed prior to 2017. Subsection (2) is similar to former § 1-4-1002 (7.3) as it existed prior to 2017. PART 11 WRITE-IN CANDIDATES Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this part 11 was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 11 prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of articles 1 to 13 for 1980 and of this part 11 for 1992, see the comparative tables located in the back of the index. 1-4-1101. Write-in candidate affidavit of intent. (1) A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating that he or she Colorado Revised Statutes 2019 Page 141 of 513 Uncertified Printout desires the office and is qualified to assume its duties if elected. A write-in candidate for governor shall designate in the affidavit a write-in candidate for lieutenant governor. The affidavit shall be filed with the secretary of state if it is for a statewide office, a seat in congress, a seat in the general assembly, the office of district attorney, or any other district office of state concern. The affidavit shall be filed with the county clerk and recorder if it is for a county office and with the designated election official if it is for a local office. (2) No write-in vote for an office in an election shall be counted unless the person for whom the vote was cast filed the affidavit of intent required by subsection (1) of this section within the time prescribed by section 1-4-1102. No write-in vote for a candidate for governor shall be counted unless the person designated as the write-in candidate for lieutenant governor pursuant to subsection (1) of this section also filed an affidavit of intent within the time prescribed by section 1-4-1102. Source: L. 92: Entire part R&RE, p. 695, § 7, effective January 1, 1993. L. 96: (1) amended, p. 1741, § 27, effective July 1. L. 2007: Entire section amended, p. 1973, § 12, effective August 3. Editor's note: This section is similar to former § 1-4-1001 as it existed prior to 1992. 1-4-1102. Time of filing affidavit. (1) Except as provided in subsection (2) of this section, the affidavit of intent shall be filed by the close of business on the sixty-seventh day before a primary election and by the close of business on the one hundred tenth day before any other election. (2) In a nonpartisan election, the affidavit of intent shall be filed by the close of business on the sixty-fourth day before the election. If the election is to be coordinated by the county clerk and recorder, the designated election official shall forward a copy of the affidavit of intent to the coordinated election official. Source: L. 92: Entire part R&RE, p. 696, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1768, § 25, effective January 1, 1995. L. 95: Entire section amended, p. 835, § 43, effective July 1. L. 96: Entire section amended, p. 1741, § 28, effective July 1. L. 99: (1) amended, p. 768, § 31, effective May 20. L. 2005: (1) amended, p. 1402, § 20, effective June 6; (1) amended, p. 1437, § 20, effective June 6. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1065, § 13, effective May 27. Editor's note: This section is similar to former § 1-4-1001 as it existed prior to 1992. 1-4-1103. Write-in votes for governor, president. (1) No write-in vote for governor in a general election will be counted unless it includes a write-in vote for lieutenant governor. (2) No write-in vote for president in a general election will be counted unless it includes a write-in vote for vice-president. Source: L. 92: Entire part R&RE, p. 696, § 7, effective January 1, 1993. L. 95: Entire section amended, p. 835, § 44, effective July 1. L. 2007: Entire section amended, p. 1974, § 13, Colorado Revised Statutes 2019 Page 142 of 513 Uncertified Printout effective August 3. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1607, § 11, effective May 29. Editor's note: This section is similar to former § 1-4-1002 as it existed prior to 1992. PART 12 PRESIDENTIAL PRIMARY ELECTIONS Editor's note: (1) This part 12 was added by referendum as part 11 in 1990. It was repealed in 2003 and was subsequently recreated and reenacted in 2016, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 12 prior to 2003, consult the 2002 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) This part 12 was recreated and reenacted, with amendments, by initiative in 2016. The vote count on Proposition 107 at the general election held November 8, 2016, was as follows: FOR: 1,701,599 AGAINST: 953,246 Cross references: For the declaration of the people of Colorado in Proposition 107, see section 1 on p. 2815, Session Laws of Colorado 2017. Law reviews: For article, "Colorado Election Law Update", see 46 Colo. Law. 53 (Aug.Sept. 2017). 1-4-1201. Declaration. In recreating and reenacting this part 12, it is the intent of the People of the State of Colorado that the provisions of this part 12 conform to the requirements of federal law and national political party rules governing presidential primary elections, and that the Colorado General Assembly will, during the 2017 legislative session, adopt all necessary conforming amendments to ensure the proper operation of a presidential primary election in Colorado. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816. 1-4-1202. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Political party" means a major political party as defined in section 1-1-104 (22). (2) "Presidential primary election" means a primary election conducted in a year in which a United States Presidential Election will be held to allocate delegates to national nominating conventions of the major political parties selected in accordance with section 1-4701. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816. Colorado Revised Statutes 2019 Page 143 of 513 Uncertified Printout 1-4-1203. Presidential primary elections - when - conduct. (1) A presidential primary election shall be held on a Tuesday on a date designated by the governor. The date selected for the primary must be no earlier than the date the national rules of the major political parties provide for state delegations to the party's national convention to be allocated without penalty and not later than the third Tuesday in March in years in which a United States Presidential Election will be held. The governor shall, in consultation with the secretary of state, designate the date of the presidential primary election no later than the first day of September in the year before the presidential primary election will be held. (2) (a) Except as provided for in subsection (5) of this section, each political party that has a qualified candidate entitled to participate in the presidential primary election pursuant to this section is entitled to participate in the Colorado presidential primary election. At the presidential primary election, an elector that is affiliated with a political party may vote only for a candidate of that political party. (b) An unaffiliated eligible elector may vote in a political party's presidential primary election without affiliating with that party or may declare an affiliation with a political party to the election judges at the presidential primary election in accordance with section 1-7-201. Notwithstanding any other provision of law, no elector affiliated with a major or minor political party or political organization may change or withdraw his or her affiliation in order to vote in the presidential primary election of another political party unless the elector has changed or withdrawn such affiliation no later than the twenty-ninth day preceding the presidential primary election as provided in section 1-2-219 (1). (3) Except as otherwise provided in this part 12, a presidential primary election must be conducted in the same manner as any other primary election to the extent statutory provisions governing other primary elections are applicable to this part 12. The election officers and county clerk and recorders have the same powers and shall perform the same duties for presidential primary elections as they provide by law for other primary elections and general elections. (4) (a) A ballot used in a presidential primary election must only contain the names of candidates for the office of the president of the United States of America. The ballot shall not be used for the purpose of presenting any other issue or question to the electorate unless expressly authorized by law. (b) Each political party that is entitled to participate in the presidential primary election shall have a separate party ballot for use by electors affiliated with that political party. (c) The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a ballot packet that contains the ballots of all the major political parties. In this ballot packet, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted. (d) The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections. (5) If, at the close of business on the sixtieth day before a presidential primary election, there is not more than one candidate for president affiliated with a political party certified to the Colorado Revised Statutes 2019 Page 144 of 513 Uncertified Printout presidential primary ballot pursuant to section 1-4-1204(1) or who has filed a write-in candidate statement of intent pursuant to 1-4-1205, the secretary of state may cancel the presidential primary election for that political party and declare that candidate the winner of the presidential primary election of such political party. (6) The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections. (7) Repealed. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816. L. 2017: (1) and (4)(b) amended, (4)(c) and (4)(d) added, and (7) repealed, (SB 17-305), ch. 216, p. 842, § 3, effective August 9. 1-4-1204. Names on ballots. (1) Not later than sixty days before the presidential primary election, the secretary of state shall certify the names and party affiliations of the candidates to be placed on any presidential primary election ballots. The only candidates whose names shall be placed on ballots for the election shall be those candidates who: (a) Repealed. (b) Are seeking the nomination for president of a political party as a bona fide candidate for president of the United States pursuant to political party rules and are affiliated with a major political party that received at least twenty percent of the votes cast by eligible electors in Colorado at the last presidential election; and (c) Have submitted to the secretary, not later than eighty-five days before the date of the presidential primary election, a notarized candidate's statement of intent together with either a nonrefundable filing fee of five hundred dollars or a petition signed by at least five thousand eligible electors affiliated with the candidate's political party who reside in the state. Candidate petitions must meet the requirements of parts 8 and 9 of this article 4, as applicable. (1.5) No later than the sixty-fifth day before the presidential primary election, a person whose name has been qualified to be placed on the ballot may file with the secretary of state an affidavit stating that the person is not a candidate for the office of the president of the United States and requesting that the person's name not be included in the list of names certified by the secretary of state in accordance with subsection (1) of this section. The secretary of state shall not include in the list the name of a person who timely files an affidavit. (2) The names of candidates appearing on any presidential primary ballot must be in an order determined by lot. The secretary of state shall determine the method of drawing lots. (3) Except as otherwise prohibited by political party rules, the state chairperson of a political party may request the secretary to provide a place on the primary ballot for electors who have no presidential candidate preference to register a vote to send a noncommitted delegate to the political party's national convention. To be valid, this request must be received by the secretary of state no later than seventy days before the presidential primary election. (4) Any challenge to the listing of any candidate on the presidential primary election ballot must be made in writing and filed with the district court in accordance with section 1-1113 (1) no later than five days after the filing deadline for candidates. Any such challenge must provide notice in a summary manner of an alleged impropriety that gives rise to the complaint. No later than five days after the challenge is filed, a hearing must be held at which time the district court shall hear the challenge and assess the validity of all alleged improprieties. The Colorado Revised Statutes 2019 Page 145 of 513 Uncertified Printout district court shall issue findings of fact and conclusions of law no later than forty-eight hours after the hearing. The party filing the challenge has the burden to sustain the challenge by a preponderance of the evidence. Any order entered by the district court may be reviewed in accordance with section 1-1-113 (3). Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2818. L. 2017: (1)(c) and (4) amended, (SB 17-305), ch. 216, p. 843, § 4, effective August 9. L. 2019: (1)(a) repealed and (1.5) added, (HB 19-1278), ch. 326, p. 3019, § 26, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-1205. Write-in candidate affidavit for presidential primary. A write-in vote for any candidate on the presidential primary ballot shall not be counted unless the candidate for whom the write-in vote was cast has filed a notarized candidate's statement of intent to seek the office of president of the United States. Any such affidavit must be accompanied by a nonrefundable fee of five hundred dollars and must be filed with the secretary of state no later than the close of business on the sixty-seventh day before the presidential primary election. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819. 1-4-1206. Presidential primary ballots - survey of returns. Each county clerk and recorder shall survey all returns received from the presidential primary election in all county precincts in accordance with article 10 of this title 1. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3019, § 27, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-1207. Election results - certification - pledging of delegates. (1) The secretary shall compile the number of votes cast for each candidate named on the presidential primary election ballot and the votes cast to send a noncommitted delegate to the political party's national Colorado Revised Statutes 2019 Page 146 of 513 Uncertified Printout convention, if applicable, and shall calculate the percentage of votes received by each candidate as compared to the number of votes received by all candidates of the same political party. (2) The secretary shall certify the results and percentages calculated pursuant to subsection (1) of this section to the state chairperson and the national committee of each political party which had at least one candidate on its presidential primary election ballot. (3) Each political party shall use the results of the election to allocate national delegate votes in accordance with the party's state and national rules. Source: Initiated 2016: Entire part RC, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819. L. 2019: (2) and (3) amended, (HB 191278), ch. 326, p. 3020, § 28, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. PART 13 MINOR POLITICAL PARTIES 1-4-1301. Formation of minor political party. (1) A minor political party shall adopt a constitution or set of bylaws to govern its organization and the conduct of its affairs and shall exercise thereunder any power not inconsistent with the laws of this state. The constitution or set of bylaws shall be filed with the secretary of state. Any minor political party failing to file its constitution or set of bylaws pursuant to this section shall not be qualified as a minor political party. The constitution or set of bylaws shall contain the following: (a) A method of nominating candidates for the partisan offices specified in section 1-41304 (1); (b) A method for calling and conducting assemblies and conventions; (c) A method for selecting delegates to assemblies and conventions; (d) A method for the selection of members and a chairperson to the state central committee and for the selection of other party officers; (e) A method for filling vacancies in party offices; (f) The powers and duties of party officers; (g) The structure of the state and county party organizations, if any; (h) A statement that any meeting to elect party officers, including delegates, and any assembly to nominate candidates, shall be held at a public place at the time specified by the party chairperson and that the time and place of such meeting shall be published once, no later than fifteen days before such meeting, in a newspaper of general circulation in each county wherein the members of the minor political party reside; (i) A statement that the party chairperson or his or her designee shall be the person who shall communicate on behalf of the minor political party; and Colorado Revised Statutes 2019 Page 147 of 513 Uncertified Printout (j) A method for amending the constitution or set of bylaws. (2) The chairperson of the party shall file any amendments to the constitution or set of bylaws with the secretary of state no later than fifteen days after the amendments are adopted. (3) The name of the minor political party shall contain no more than three words in addition to the word "party". The name of the minor political party shall not use, in whole or in part, the name of any existing political party. Source: L. 98: Entire part added, p. 251, § 1, effective April 13. L. 99: (1)(h) and (2) amended, p. 769, § 34, effective May 20. L. 2003: (1)(b), (1)(c), and (1)(h) amended, p. 1311, § 9, effective April 22. 1-4-1302. Petition to qualify as a minor political party. (1) A petition to qualify as a minor political party shall be signed by at least ten thousand registered electors and shall be submitted to the secretary of state no later than the second Friday in the January of the election year for which the minor political party seeks to qualify. (2) The petition shall contain the name of the minor political party, and the heading of the petition shall state that the signers thereof desire that it be qualified as a minor political party. (3) Each registered elector signing a petition pursuant to this section shall print the elector's name and address, including the street and number, if any. There shall be attached to each petition an affidavit of a registered elector who circulated the petition stating: (a) The elector's address; (b) That the elector is a registered elector; (c) That the elector circulated the petition; (d) That each signature on the petition was affixed in the elector's presence and is the signature of the person whose name it purports to be; and (e) That, to the best of the elector's knowledge and belief, each of the persons signing the petition was a registered elector at the time of signing. (4) (a) Upon filing, the secretary of state shall review all petition information and verify the information against the registration records. The secretary of state shall establish guidelines for verifying petition entries. (b) No later than twenty-one days after receipt of the petition, the secretary of state shall notify the minor political party seeking to qualify of the number of valid signatures and whether the petition appears to be sufficient or insufficient. (c) In case a petition to allow a minor political party to nominate candidates is not sufficient, it may be amended once at any time prior to 3 p.m. on the seventh day following the date of the notification of insufficiency. If such petition is amended prior to 3 p.m. on the seventh day following the notification of insufficiency, the secretary of state shall notify the minor political party of whether the petition is sufficient or insufficient no later than the fourteenth day following the date of the notification of insufficiency. (d) Upon determining that the petition is sufficient: (I) The secretary of state shall notify the minor political party and the clerk and recorder of each county that such party is qualified; and (II) Eligible electors shall be able to register as affiliated with such minor political party. Colorado Revised Statutes 2019 Page 148 of 513 Uncertified Printout Source: L. 98: Entire part added, p. 252, § 1, effective April 13. L. 99: (4)(b) and (4)(c) amended, p. 769, § 35, effective May 20. L. 2003: (1), (2), and (4)(d)(I) amended, p. 1311, § 10, effective April 22. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1065, § 14, effective May 27. 1-4-1303. Qualifications to nominate by constitution or bylaws. (1) Subject to the provisions of subsection (2) of this section, a minor political party qualifies as a minor political party if the party satisfies the requirements of section 1-4-1302 or any one of the following conditions: (a) Any of its candidates for any office voted on statewide in either of the last two preceding general elections received at least five percent of the total votes cast for such office. (b) One thousand or more registered electors are affiliated with the minor political party prior to April 1 of the election year for which the minor political party seeks to nominate candidates. (2) A minor political party shall continue to be qualified as a minor political party if: (a) A candidate of the party for statewide office has received at least one percent of the total votes cast for any statewide office in either of the last two preceding general elections; or (b) One thousand or more registered electors are affiliated with the minor political party prior to April 1 in either of the last two preceding general elections for which the party seeks to nominate candidates. (3) (Deleted by amendment, L. 2003, p. 1312, § 11, effective April 22, 2003.) Source: L. 98: Entire part added, p. 253, § 1, effective April 13. L. 2003: IP(1) and (3) amended, p. 1312, § 11, effective April 22. L. 2019: (1)(b) and (2)(b) amended, (HB 19-1278), ch. 326, p. 3020, § 29, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-4-1304. Nomination of candidates. (1) A minor political party may nominate candidates in accordance with sections 1-4-302, 1-4-402 (1)(a), 1-4-502 (1), and 1-4-802 and this article. (1.5) (a) A minor political party may nominate candidates for offices to be filled at a general election by petition in accordance with section 1-4-802. (b) (I) A minor political party may nominate candidates for offices to be filled at a general election by assembly. An assembly shall be held no later than seventy-three days preceding the primary election. (II) Each candidate receiving thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting on that office shall be designated by the assembly and certified pursuant to subsection (3) of this section. (c) If an assembly designates more than one candidate for an office, or if an assembly designates one or more candidates and one or more candidates qualifies by petition, the Colorado Revised Statutes 2019 Page 149 of 513 Uncertified Printout candidate of the minor political party for that office shall be nominated at a primary election held in accordance with this code. A minor political party may prohibit unaffiliated electors from voting in the party's primary election so long as the prohibition is in accordance with the party's constitution, bylaws, or other applicable rules. Any minor party choosing to prohibit unaffiliated electors from voting in its primary election must notify the secretary of state of the prohibition not less than seventy-five days prior to the primary election. (d) If only one candidate is designated for an office by petition or assembly, that candidate shall be the candidate of the minor political party in the general election. (e) Nothing in this section shall be construed to prevent any eligible elector associated with a political organization that does not qualify as a minor political party in an election from qualifying for the ballot by petition as an unaffiliated candidate under section 1-4-802. (2) Nominations by a minor political party, to be valid, must be made in accordance with the party's constitution or bylaws. No nomination under this section is valid for any general election unless the nominee: (a) Is a registered elector; (b) Was registered as affiliated with the minor political party that is making the nomination, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party; and (c) Has not been registered as a member of a major political party at any time after the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party. (3) Any minor political party nominating candidates in accordance with this part 13 shall file a certificate of designation with the designated election official no later than four days after the assembly was held at which the candidate was designated. The certificate of designation must state the name of the office for which each person is a candidate and the candidate's name and address, the date on which the assembly was held at which the candidate was designated, must designate in not more than three words the name of the minor political party that the candidate represents, and must certify that the candidate is a member of the minor political party. The candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. The candidate's affiliation as shown in the statewide voter registration system is prima facie evidence of party membership. (4) Any person nominated in accordance with this part 13 shall file a written acceptance with the designated election official by mail, facsimile transmission, or hand delivery. The written acceptance must be postmarked or received by the designated election official no later than four business days after the filing of the certificate of designation required under subsection (3) of this section. If the acceptance is transmitted to the designated election official by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the filing of the certificate of designation required under subsection (3) of this section. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination. (5) Nothing in this part 13 shall be construed to allow a minor political party to nominate more than one candidate for any one office. Colorado Revised Statutes 2019 Page 150 of 513 Uncertified Printout Source: L. 98: Entire part added, p. 254, § 1, effective April 13. L. 99: IP(2), (3), and (4) amended, p. 769, § 36, effective May 20; (3) amended, p. 161, § 12, effective August 4. L. 2001: (3) amended, p. 1002, § 7, effective August 8. L. 2003: (1) and (3) amended and (1.5) added, p. 1312, § 12, effective April 22. L. 2007: (2)(b) and (2)(c) amended, p. 1974, § 14, effective August 3. L. 2010: (2) amended, (HB 10-1271), ch. 324, p. 1503, § 6, effective May 27. L. 2011: (1.5)(b)(I) amended, (SB 11-189), ch. 243, p. 1065, § 15, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 681, § 18, effective May 17. L. 2016: IP(2), (2)(b), and (3) amended, (SB 16-142), ch. 173, p. 578, § 35, effective May 18. Initiated 2016: (1.5)(c) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. Editor's note: (1) Amendments to subsection (3) by Senate Bill 99-025 and House Bill 99-1152 were harmonized. (2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 Cross references: For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. 1-4-1305. Disqualification of minor political party. (1) In the event a minor political party ceases to qualify as such a party pursuant to section 1-4-1303 (2) and fails to subsequently qualify as such a party pursuant to section 1-4-1303, the secretary of state shall notify the chairperson of such party and the clerk and recorder of each county of such disqualification. (2) Such notice of disqualification shall be provided by the secretary of state to the chairperson of the minor political party and to each clerk and recorder no later than July 1 of an election year in which a minor political party may qualify candidates for the ballot. No certificate of designation of candidates pursuant to section 1-4-1304 (3) shall be accepted by the secretary of state from the minor political party for the election for which such party has ceased to qualify. (3) Upon notification of disqualification of a minor political party, each registered elector that is affiliated with such minor political party must be designated in the statewide voter registration system as "unaffiliated". Source: L. 98: Entire part added, p. 255, § 1, effective April 13. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 578, § 36, effective May 18. PART 14 DISTRICT ATTORNEY TERM LIMIT BALLOT QUESTIONS 1-4-1401. Legislative declaration. (1) The general assembly hereby finds, determines, affirms, and declares that: Colorado Revised Statutes 2019 Page 151 of 513 Uncertified Printout (a) District attorneys are nonjudicial elected officials subject to the limitations on terms of office imposed by section 11 of article XVIII of the state constitution; (b) Judicial districts are political subdivisions of the state with political control by a community other than the state as a whole, and district attorneys continue to exhibit a fundamental characteristic of representing the people of the judicial district in order to protect their health, safety, and welfare; and (c) Judicial districts do not have a clearly identified governing body with the explicit authority to call and conduct elections. (2) Therefore, it is the intent of the general assembly that this part 14 provide an explicit statutory mechanism for the referral of ballot questions that seek to lengthen, shorten, or eliminate the limitations on terms of office for district attorneys to the eligible electors of a judicial district pursuant to section 11 (2) of article XVIII of the state constitution. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1040, § 1, effective May 20. 1-4-1402. Applicability of part. This part 14 shall apply to any ballot question that seeks to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney pursuant to section 11 (2) of article XVIII of the state constitution. Elections in which such ballot questions appear on the ballot shall be conducted pursuant to the provisions of this code unless otherwise provided for in this part 14. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20. 1-4-1403. Referral of question in single-county judicial districts. For a judicial district whose territory is comprised entirely of one county, the board of county commissioners for that county shall be the governing body to refer any ballot question to the eligible electors of the judicial district regarding the lengthening, shortening, or elimination of the limitation on terms of office for the district attorney of the judicial district. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20. 1-4-1404. Referral of question in multiple-county judicial districts. (1) For a judicial district whose territory is comprised of more than one county, the boards of county commissioners of each county situated within the judicial district shall be the governing bodies to refer any ballot question to the eligible electors of their respective counties regarding the lengthening, shortening, or elimination of the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution. (2) Any such ballot question shall appear on the ballot in each county situated within the judicial district at the same election. The wording of the ballot question shall be substantially identical in each county situated within the judicial district and the alphabetical, numerical, or alphanumerical designation used to identify the measure shall be identical on each ballot that includes the measure. (3) Notwithstanding any other provision of law, if such a measure is approved by the eligible electors of a county situated within the judicial district but was not referred to or approved by the eligible electors of each county situated within the judicial district at the same Colorado Revised Statutes 2019 Page 152 of 513 Uncertified Printout election or if the wording of the measure was not substantially identical in each county situated within the judicial district, such measure shall be deemed void. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20. 1-4-1405. Coordinated or general election ballot. (1) Any ballot question that seeks to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney shall only be submitted to the voters of a judicial district at a coordinated or general election. (2) Any such ballot question shall appear on the official ballot used in each county in a judicial district and shall be a separate question from any other ballot questions seeking to lengthen, shorten, or eliminate the limitations on terms of office for any other elected officials. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20. 1-4-1406. County clerk and recorder designated election official - certification of results to secretary of state. (1) In addition to his or her duties regarding the general survey of returns specified in article 10 of this title, the county clerk and recorder of any county referring a ballot question seeking to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney shall: (a) Act as the designated election official for the election in which the ballot question appears on the ballot; and (b) No later than the eighteenth day after the election in which the ballot question appears on the ballot, certify the total number of votes cast for and against the ballot question and transmit the certification to the secretary of state. (2) Upon receipt of the certifications transmitted pursuant to paragraph (b) of subsection (1) of this section, the secretary of state shall compile the results received from each county situated within the judicial district and determine whether the measure was approved by the eligible electors of the judicial district as a whole. The secretary shall certify the results in the manner provided by law. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, § 1, effective May 20. 1-4-1407. Initiative - petition. (1) (a) Notwithstanding any other provision of law, the registered electors of a county may submit to the board of county commissioners of the county a proposed ballot question regarding lengthening, shortening, or eliminating the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution. The registered electors may commence the initiative process by filing written notice of the proposed ballot question with the county clerk and recorder and subsequently, within one hundred eighty days after approval of the petition pursuant to subsection (2) of this section but no less than one hundred forty days prior to the next scheduled coordinated or general election, by filing a petition signed by registered electors of the county in an amount equal to at least five percent of the total number of votes cast in the county for all candidates for the office of district attorney at the previous general election. (b) Upon the receipt and verification of the initiative petition pursuant to this section, the board of county commissioners shall refer the proposed ballot question, in the form petitioned Colorado Revised Statutes 2019 Page 153 of 513 Uncertified Printout for, to the registered electors of the county at the next scheduled coordinated or general election, whichever occurs first. (2) (a) Each initiative petition filed pursuant to subsection (1) of this section shall be printed in a form consistent with this subsection (2). No petition shall be printed or circulated unless the form and the first printer's proof of the petition section have first been submitted to the county clerk and recorder and approved by the county clerk and recorder. The county clerk and recorder shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the county clerk and recorder received such material. The county clerk and recorder shall assure that the petition section contains only those elements required by this section and contains no extraneous material. (b) Each petition section shall designate by name and mailing address two persons who shall represent the proponents thereof on all matters affecting the initiative petition and to whom all notices or information concerning the petition shall be mailed. (c) (I) At the top of each page of every initiative petition section, the following shall be printed, in a form as prescribed by the county clerk and recorder: WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative petition with any name other than his or her own, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or the summary in its entirety and understand its meaning. (II) A summary of the proposed ballot question that is the subject of an initiative petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the county clerk and recorder. (III) The full text of the proposed ballot question that is the subject of an initiative petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of subparagraph (I) of this paragraph (c), if the text of the proposed ballot question requires more than one page of a petition section, the warning and summary need not appear at the top of any page other than the initial text page. (IV) The signature pages shall consist of the warning and the summary, followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed ballot question that is the subject of the initiative petition is printed. Colorado Revised Statutes 2019 Page 154 of 513 Uncertified Printout (3) (a) Following the signature pages of each petition section, there shall be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following: (I) The affiant's printed name, the address at which the affiant resides, including the affiant's street name and number, municipality, and county, and the date the affiant signed the affidavit; (II) That the affiant has read and understands the laws governing the circulation of initiative petitions; (III) That the affiant was eighteen years of age or older at the time the petition section was circulated and signed by the listed electors; (IV) That the affiant circulated the petition section; (V) That each signature thereon was affixed in the affiant's presence; (VI) That each signature thereon is the signature of the person whose name it purports to be; (VII) That, to the best of the affiant's knowledge and belief, each of the persons signing the initiative petition section was, at the time of signing, a registered elector; and (VIII) That the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the initiative petition. (b) The county clerk and recorder shall not accept for filing any petition section that does not have attached thereto the notarized affidavit required by paragraph (a) of this subsection (3). Any disassembly of a petition section that has the effect of separating the affidavit from the signature page or pages shall render that petition section invalid and of no force and effect. (c) Any signature added to a petition section after the affidavit has been executed shall be invalid. (d) All petition sections shall be prenumbered serially. (e) Any petition section that fails to conform to the requirements of this section or that is circulated in a manner other than that permitted by this section shall be invalid. (4) The circulation of any petition section other than personally by a circulator is prohibited. No petition section shall be circulated by any person who is not eighteen years of age or older at the time the petition section is circulated. (5) Any initiative petition shall be signed only by registered electors who are eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, and the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically unable to sign the petition or is illiterate and wishes to sign the petition, the elector shall sign and make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the signor. (6) (a) The county clerk and recorder shall inspect timely filed initiative petitions and the attached affidavits, and may do so by examining the information on signature lines for patent Colorado Revised Statutes 2019 Page 155 of 513 Uncertified Printout defects, by comparing the information on signature lines against a list of registered electors of the county. (b) After examining the initiative petition, the county clerk and recorder shall issue a statement as to whether a sufficient number of valid signatures has been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section. (c) The statement of sufficiency or insufficiency shall be issued no later than thirty calendar days after the initiative petition has been filed. If the county clerk and recorder fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient. (7) (a) Within forty days after an initiative petition is filed, a protest in writing under oath may be filed in the office of the county clerk and recorder by any registered elector who resides in the county, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this section. No signature may be challenged that is not identified in the protest by section and line number. The county clerk and recorder shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed. (b) The county clerk and recorder shall furnish a requesting protester with a list of the registered electors in the county and shall charge a fee to cover the cost of furnishing the list. (c) Every hearing shall be held before the county clerk and recorder with whom such protest is filed. The county clerk and recorder shall serve as hearing officer unless some other person is designated by the board of county commissioners as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section. The determination as to petition sufficiency may be reviewed by the district court for the county upon application of the protester, the persons designated as representing the petition proponents, or the county, but such review shall be had and determined forthwith. (8) The general assembly finds the provisions of this section are a matter of statewide concern and shall apply to all counties, including home rule counties, and to the city and county of Denver and the city and county of Broomfield. Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, § 1, effective May 20. 1-4-1408. Prior actions not affected. District attorney term limit ballot questions approved by the voters of any judicial district prior to May 20, 2010, are not affected by the enactment of this part 14 and shall remain valid. Colorado Revised Statutes 2019 Page 156 of 513 Uncertified Printout Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1046, § 1, effective May 20. ARTICLE 5 Notice of and Preparation for Elections Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. PART 1 POLLING LOCATIONS Cross references: For early voters' polling place, see § 1-8-204. 1-5-101. Establishing precincts and polling places for partisan elections. (1) Subject to approval by the board of county commissioners, the county clerk and recorder of each county shall divide the county into as many election precincts for all general, primary, and congressional vacancy elections as is convenient for the eligible electors of the county and shall designate the place for each precinct at which elections are to be held. In establishing boundaries, the board of county commissioners shall take into consideration natural and artificial boundaries that meet the requirements of the United States bureau of the census. The precincts shall be numbered in accordance with section 1-5-101.5. Changes in the precinct boundaries of a county shall be made only within the district boundaries of each representative and senatorial district. (2) In counties that use paper ballots, the county clerk and recorder, subject to approval by the board of county commissioners, shall establish at least one precinct for every six hundred active eligible electors, with boundaries that take into consideration municipal and school district boundary lines whenever possible. However, the county clerk and recorder, subject to approval by the board of county commissioners, may establish one precinct for every seven hundred fifty active eligible electors. (3) In a county that uses an electronic or electromechanical voting system, the county clerk and recorder, subject to approval by the board of county commissioners, shall establish at least one precinct for every one thousand five hundred active eligible electors. However, the county clerk and recorder, subject to approval by the board, may establish one precinct for every two thousand active eligible electors. (4) Repealed. Colorado Revised Statutes 2019 Page 157 of 513 Uncertified Printout (5) Notwithstanding section 1-5-103, and except as otherwise required by federal law, in order to facilitate the preparation of a computerized database for use in the redistricting process that will take place after the decennial census in years ending in the number zero, the precinct boundaries established by the county clerk and recorder of each county, subject to approval by the board of county commissioners, that are used in the general election in years ending in the number eight shall remain in effect until after the general election in years ending in the number zero; except that the precincts so established may be subdivided within the boundaries of the original precinct and adjacent precincts may be aggregated for purposes of data collection. In establishing precinct boundaries pursuant to the provisions of this subsection (5), county clerk and recorders and boards of county commissioners shall, to the extent reasonably possible, utilize natural and man-made boundaries that meet the requirements for visible features adopted by the United States bureau of the census. If the precinct boundaries used in the general election in years ending in the number eight are changed prior to the next general election in years ending in the number zero pursuant to federal law, the county clerk and recorders shall timely submit in writing to the director of research of the legislative council a list showing the precincts for which the boundaries have changed. (6) Repealed. Source: L. 92: Entire article R&RE, p. 700, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 835, § 45, effective July 1. L. 97: (5) added, p. 1056, § 2, effective May 27; (4) added, p. 5, § 1, effective August 6. L. 98: (6) added, p. 635, § 8, effective May 6. L. 99: (4) amended, p. 1389, § 7, effective June 4. L. 2000: (1) amended, p. 265, § 2, effective August 2. L. 2004: (4) repealed, p. 1104, § 2, effective May 27; (3) amended, p. 1343, § 4, effective May 28. L. 2007: (6) amended, p. 1778, § 12, effective June 1. L. 2008: (5) amended, p. 1743, § 4, effective July 1. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 703, § 29, effective May 10. Editor's note: (1) This section is similar to former § 1-6-101 (1) as it existed prior to 1992. (2) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2015. (See L. 2013, p. 703.) Cross references: (1) For transferring names of electors when precinct boundaries changed, see § 1-2-223; for the power of the board of county commissioners to form new precincts, change the names of precincts, or reduce the numbers of precincts, see § 30-11-114. (2) For the legislative declaration contained in the 2004 act amending subsection (3), see section 1 of chapter 334, Session Laws of Colorado 2004. (3) In 2013, subsection (6) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-101.5. Precinct numbering. (1) There is hereby created a precinct numbering system that shall be used by the county clerk and recorder of each county of the state in numbering election precincts established in accordance with section 1-5-101. The precinct numbering system created pursuant to this section shall not be used until the reapportionment of senatorial and representative districts required to be conducted after the 2000 federal census Colorado Revised Statutes 2019 Page 158 of 513 Uncertified Printout pursuant to section 48 of article V of the Colorado constitution is completed, but the precinct numbering system shall be implemented by each county clerk and recorder no later than July 1, 2002. (2) Any election precinct established pursuant to the provisions of section 1-5-101 shall be numbered with a ten digit number as follows: (a) The first digit of the precinct number shall consist of the number of the congressional district in which the precinct is contained. (b) The second and third digits of the precinct number shall consist of the number of the state senatorial district in which the precinct is contained. If the state senatorial district consists of one digit, such digit shall be preceded by a zero for purposes of the precinct number. (c) The fourth and fifth digits of the precinct number shall consist of the number of the state representative district in which the precinct is contained. If the state representative district consists of one digit, such digit shall be preceded by a zero for purposes of the precinct number. (c.5) The sixth and seventh digits of the precinct number shall consist of the number assigned by the secretary of state to represent the county in which the precinct is contained. (d) The last three digits of the precinct number shall consist of an individual precinct number as determined by the county clerk and recorder. (3) Any changes in election precinct numbering required pursuant to this section shall be completed and reported by the county clerk and recorder to the secretary of state in accordance with section 1-5-103 (3). Source: L. 2000: Entire section added, p. 264, § 1, effective August 2. L. 2001: IP(2) amended and (2)(c.5) added, p. 1003, § 8, effective August 8. 1-5-102. Establishing precincts and voter service and polling centers for nonpartisan elections. (1) For nonpartisan elections other than coordinated elections, no later than twenty-five days prior to the election, the designated election official, with the approval of the governing body with authority to call elections, shall divide the jurisdiction into as many election precincts as it deems expedient for the convenience of eligible electors of the jurisdiction and shall designate the polling place for each precinct. The election precincts shall consist of one or more whole general election precincts wherever practicable, and the designated election official and governing body shall cooperate with the county clerk and recorder and the board of county commissioners of their political subdivisions to accomplish this purpose. Wherever possible, the polling places shall be the same as those designated by the county for partisan elections. (2) The county clerk and recorder, no later than one hundred twenty days prior to a regular special district election or regular election of any other political subdivision, shall prepare a map of the county showing the location of the voter service and polling centers and precinct boundaries utilized in the last November election. Copies of the map shall be available for inspection at the office of the county clerk and recorder and for distribution to the designated election official of each political subdivision. (3) The county clerk and recorder shall maintain a list of owners or contact persons who, to the clerk's knowledge, may grant permission to political subdivisions to use the locations identified on the map for voter service and polling centers. The clerk shall, upon request of the Colorado Revised Statutes 2019 Page 159 of 513 Uncertified Printout designated election official of a political subdivision, provide a copy of the list, or a part of the list as requested by the designated election official. Source: L. 92: Entire article R&RE, p. 700, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1155, § 19, effective July 1. L. 95: (1) amended, p. 836, § 46, effective July 1. L. 96: (1) amended, p. 1741, § 29, effective July 1. L. 99: (1) and (2) amended, p. 770, § 37, effective May 20. L. 2013: (2) and (3) amended, (HB 13-1303), ch. 185, p. 704, § 30, effective May 10. Cross references: In 2013, subsections (2) and (3) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-102.5. Establishing polling places for coordinated elections. (Repealed) Source: L. 93: Entire section added, p. 1408, § 40, effective July 1. L. 98: Entire section amended, p. 582, § 15, effective April 30. L. 99: (1) amended, p. 771, § 38, effective May 20. L. 2004: (2) repealed, p. 1104, § 3, effective May 27. L. 2013: Entire section repealed, (HB 131303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-102.7. Combining precincts and polling places - vote centers. (Repealed) Source: L. 2004: Entire section added, p. 1105, § 4, effective May 27. L. 2006: (5) and (8) amended, p. 2031, § 9, effective June 6. L. 2007: (4) and (5)(b) amended, p. 1974, § 15, effective August 3. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-102.9. Voter service and polling centers - number required - services provided drop-off locations - definition. (1) (a) For general elections, each county clerk and recorder shall designate a minimum number of voter service and polling centers, as follows: (I) For counties with at least two hundred fifty thousand active electors: (A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; (B) During the period from the fourth day before the election to the second day before the election, at least one voter service and polling center for each twenty thousand active electors; and Colorado Revised Statutes 2019 Page 160 of 513 Uncertified Printout (C) On the day before the election and on election day, at least one voter service and polling center for each twelve thousand five hundred active electors. (II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors: (A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; except that there must be at least one voter service and polling center in each such county; (B) During the period from the fourth day before the election to the day before the election, at least one voter service and polling center for each twenty thousand active electors; and (C) On election day, at least one voter service and polling center for each twelve thousand five hundred active electors. (III) For counties with at least ten thousand but fewer than thirty-seven thousand five hundred active electors: (A) During the period from the fifteenth day before the election to the day before the election, at least one voter service and polling center; and (B) On election day, at least three voter service and polling centers. (IV) For counties with fewer than ten thousand active electors, during the fifteen-day period prior to and including the day of the election, at least one voter service and polling center. (b) (I) For the purposes of subsections (1)(a) and (5) of this section, the number of active electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater. (II) Repealed. (b.5) (I) For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of a state institution of higher education located within the county as follows: (A) During the period from the fifteenth day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students; and (B) On the day before the election and on election day, one voter service and polling center on each campus that has two thousand or more enrolled students. (II) In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter service and polling center designated in accordance with this subsection (1)(b.5) may count toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (1)(b.5) must be in addition to the minimum requirements of subsection (1)(a) of this section. (III) A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus. (IV) A voter service and polling center designated under this subsection (1)(b.5) on a campus that has twenty thousand or more enrolled students on January 1 of the year of the election must be located within the student center unless such placement creates an undue burden for the institution of higher education. (V) As used in this subsection (1)(b.5), the number of enrolled students at a campus is the highest number of all full-time, part-time, graduate, and undergraduate students, not Colorado Revised Statutes 2019 Page 161 of 513 Uncertified Printout including students solely registered for online courses and concurrent enrollment students, during the fall semester of the year of the previous general election according to data collected by the department of higher education. The department of higher education shall provide the data to the secretary of state on or before December 1 of each general election year; except that, the department of higher education shall provide the data for the fall semester of 2018 to the secretary of state on or before October 1, 2019. The secretary of state shall determine from the data which campuses meet the enrollment thresholds for the next general election. (VI) As used in this subsection (1)(b.5), "campus" means any collection of buildings and surrounding grounds owned or used by a state institution of higher education to regularly provide students with education, housing, or college activities. If one or more state institutions of higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5). (b.7) For a general election, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county clerk and recorder shall designate a voter service and polling center within the boundaries of the reservation on the day before election day and on election day. A request under this subsection (1)(b.7) must be made no later than one hundred eighty days before the date of the election. (c) (I) In designating voter service and polling center locations pursuant to this subsection (1), each county clerk and recorder shall consider the following factors to address the needs of the county: (A) Proximity to public transportation lines and availability of parking; (B) Geographic features, such as mountain passes, that tend to affect access and convenience; (C) Equitable distribution across the county so as to afford maximally convenient options for electors; (D) The existence and location of population centers; (E) Access for persons with disabilities; (F) Use of existing voting locations that typically serve a significant number of electors; (G) Use of public buildings that are known to electors in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations; (H) When private locations are considered or designated as voter service and polling centers in accordance with section 1-5-105 (3), methods and standards to ensure the security of voting conducted at such locations; and (I) Proximity to historically under-represented communities. (I.5) A county clerk and recorder who requests the use of a public building that receives funding from government sources to designate as a voter service and polling center or drop box site shall be given priority over other uses of the building. The appropriate authority for the building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental rate for the building. (II) In designating voter service and polling centers, a county clerk and recorder shall solicit public comments. The county clerk and recorder shall post a notice seeking public comment no later than two hundred fifty days before the election and shall accept comments through the one hundred ninetieth day before the election. Colorado Revised Statutes 2019 Page 162 of 513 Uncertified Printout (III) (A) A county clerk and recorder shall not designate a police station, sheriff's office, or town marshal's office as a voter service and polling center; except that a county clerk and recorder may designate as a voter service and polling center a multipurpose building that includes a police station, sheriff's office, or town marshal's office. (B) A county clerk and recorder may apply to the secretary of state for a waiver of the requirements of subsection (1)(c)(III)(A) of this section. If the secretary of state finds that there is not another equivalent site for a voter service and polling center nearby, the secretary of state shall grant the waiver. (d) Each county clerk and recorder shall submit the proposed voter service and polling center locations to the secretary of state as part of the election plan. (e) A county clerk and recorder may designate a greater number of voter service and polling centers than the minimum required by this section. (2) Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows: (a) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II): (I) During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open continuously at least from 8 a.m. to 5 p.m.; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period. (II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m. (b) In all other counties: (I) During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open during the normal business hours for the county; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period, and must be open for at least four hours continuously on the second Saturday of this period. (II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m. (3) Each voter service and polling center must provide: (a) The ability for an eligible elector to register to vote pursuant to section 1-2-217.7; (b) The ability for an eligible elector to cast a ballot; (c) The ability for an eligible elector to update his or her address pursuant to section 1-2217.7; (d) The ability for an eligible elector who has legally changed his or her name to have his or her name changed pursuant to section 1-2-218; (e) The ability for an unaffiliated registered elector to affiliate with a political party and cast a ballot in a primary election; (f) Secure computer access; (g) Facilities and equipment that are compliant with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (h) Direct record electronic voting machines or other voting systems accessible to electors with disabilities as provided in part 7 of article 5 of this title; (i) Voting booths; (j) Original and replacement ballots for distribution; Colorado Revised Statutes 2019 Page 163 of 513 Uncertified Printout (k) Mail ballots to requesting electors; (l) The ability to accept mail ballots that are deposited by electors; and (m) The ability of a person to cast a provisional ballot. (3.5) If an elector desires to vote by casting a ballot at a voter service and polling center but there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301 at the voter service and polling center, the elector shall be allowed to obtain and cast a replacement mail ballot if the elector's registration can be verified by contacting the county clerk and recorder by telephone or electronic mail, if practical, or by other means. If the elector's eligibility cannot be verified by a voter service and polling center election judge, the elector is entitled to cast a provisional ballot in accordance with article 8.5 of this title 1. (4) Repealed. (5) (a) In addition to providing voter service and polling centers in accordance with this section, counties shall also establish drop boxes for the purpose of allowing electors to deposit their completed mail ballots in a general election as follows: (I) For counties with at least two hundred fifty thousand active electors, at least one drop box for each twelve thousand five hundred active electors. (II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least one drop box for each fifteen thousand active electors. (III) For counties with at least fifteen thousand but fewer than thirty-seven thousand five hundred active electors, at least two drop boxes. (IV) For counties with fewer than fifteen thousand active electors, at least one drop box. (b) For a general election, in addition to the requirements of subsection (5)(a) of this section, a county shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with subsection (1)(b.5)(III) of this section. (c) Each drop box must accept mail ballots delivered by electors for the fifteen-day period prior to and including the day of the election. (d) The placement and security of each drop box shall be determined by each county, in accordance with the secretary of state's current security rules. Counties are encouraged to establish drop boxes in community-based locations. (e) For a general election, in addition to the requirements of subsection (5)(a) of this section, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county shall establish a drop-off location within the boundaries of the reservation. The drop-off location must accept ballots for the fifteen-day period prior to and including the day of the election. (f) A county may establish additional drop-off locations at the county's discretion. A drop-off location must be located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder's staff. (6) A county clerk and recorder may apply to the secretary of state for a waiver of any of the requirements of subsection (5) of this section for the 2020 general election no later than one hundred twenty days prior to the election. In determining whether to grant or deny a waiver request, the secretary of state may consider the following: Colorado Revised Statutes 2019 Page 164 of 513 Uncertified Printout (a) The number and location of drop boxes that will be provided by the county in the election; (b) The number and location of drop-off locations that will be provided by the county in the election; and (c) Whether the county clerk and recorder made reasonable attempts to meet the requirements of this section. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 704, § 31, effective May 10. L. 2016: (3)(f) amended, (SB 16-142), ch. 173, p. 578, § 37, effective May 18. L. 2019: (1)(a), (1)(b)(I), (1)(c)(I)(G), (1)(c)(I)(H), (1)(c)(II), (1)(d), (2), and (3.5) amended, (1)(b.5), (1)(b.7), (1)(c)(I)(I), (1)(c)(I.5), (1)(c)(III), (5), and (6) added, and (4) repealed, (HB 19-1278), ch. 326, p. 3020, § 30, effective August 2. Editor's note: (1) Subsection (1)(b)(II)(B) provided for the repeal of subsection (1)(b)(II), effective January 1, 2017. (See L. 2013, p. 704.) (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-5-103. Changes in boundaries - partisan elections. (1) Changes in the boundaries of precincts or the creation of new precincts for partisan elections shall be completed no later than twenty-nine days prior to the precinct caucus day, except in cases of precinct changes resulting from changes in county boundaries. (2) Subject to approval by the board of county commissioners, the county clerk and recorder shall change the location of any polling location upon a petition of a majority of the eligible electors residing within a county if the request is made at least ninety days prior to the primary election. (3) All changes in precinct boundaries or numbering for partisan elections, including changes required pursuant to section 1-5-101.5, shall be reported within ten days by the county clerk and recorder to the secretary of state, and a corrected precinct map shall be transmitted to the secretary of state as soon as possible after the changes have been effected. Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 94: (1) amended, p. 1769, § 26, effective January 1, 1995. L. 95: (1) amended, p. 836, § 47, effective July 1. L. 99: (1) amended, p. 771, § 39, effective May 20. L. 2000: (3) amended, p. 265, § 3, effective August 2. L. 2002: (1) amended, p. 134, § 5, effective March 27. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 707, § 32, effective May 10. Colorado Revised Statutes 2019 Page 165 of 513 Uncertified Printout Editor's note: (1) This section is similar to former § 1-6-101 (2), (3), and (4) as it existed prior to 1992. (2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2002. (See L. 2002, p. 134.) Cross references: In 2013, subsections (1) and (2) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-104. Changes in boundaries - nonpartisan elections. (1) Changes in the boundaries of precincts or the creation of new precincts for nonpartisan elections shall be completed no later than twenty-five days prior to scheduled elections, except in cases of precinct changes resulting from changes in the jurisdiction's boundaries. (2) All changes in precinct boundaries or numbering for nonpartisan elections shall be reported to the county clerk and recorder within ten days by the designated election official, and a corrected precinct map shall be transmitted to the county clerk and recorder as soon as possible after the changes have been effected. (3) Each governing body shall change any polling place upon a petition of a majority of the eligible electors residing within a precinct if the request is made at least forty-five days prior to the next scheduled election and another polling place location is reasonably available. (4) Except as provided by law, no polling place shall be changed after the twenty-fifth day prior to an election. Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1408, § 41, effective July 1. L. 96: (1), (3), and (4) amended, p. 1742, § 30, effective July 1. L. 99: (1) amended, p. 771, § 40, effective May 20. 1-5-105. Restrictions. (1) No election-related activity may be conducted within one hundred feet of any building in which a polling location or drop-off location is located except that of the conduct of the election at the polling location or drop-off location. (2) No polling location or drop-off location shall be located in a room in which any intoxicating malt, spirituous, or vinous liquors are being served. (3) The polling locations or drop-off locations shall be in public locations wherever possible. A private location may be used only when no appropriate public location is available. (4) For the purposes of subsection (1) of this section and section 1-13-714, when a polling location or drop-off location is within a multi-use building such as a shopping mall or county office building, the "building" is considered the room in which ballots are cast, any waiting room or hall where electors wait to vote, as well as a primary corridor where electors walk to an interior polling location or drop-off location, and the designated exterior door to the multi-use building in which the polling location or drop-off location is located. Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 93: (2) and (3) amended, p. 1408, § 42, effective July 1. L. 95: (4) added, p. 836, § 48, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 33, effective May 10. Colorado Revised Statutes 2019 Page 166 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-6-101 (5) and (6) as it existed prior to 1992. For a detailed comparison, see the comparative tables located at the back of the index. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-106. Polling location or drop-off location - designation by sign. (1) All polling locations must be designated by a sign conspicuously posted at least twenty days before each election and during the period polling locations are open. The sign shall be substantially in the following form: "Polling place/voter service and polling center for county ....". The lettering on the sign shall be black on a white background. The letters and numerals of the title shall be at least four inches in height. In addition, the sign shall state the hours the polling location will be open. (2) All stand-alone drop-off locations must be designated by a sign conspicuously posted during the time that drop-off locations are available to receive mail ballots. Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 836, § 49, effective July 1. L. 2007: Entire section amended, p. 1975, § 16, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 34, effective May 10. Editor's note: This section is similar to former § 1-6-102 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-107. Polling places for disabled electors - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-108. Election judges may change polling locations and drop-off locations. (1) (a) If it becomes impossible or impracticable to hold an election because of an emergency at the designated polling location, the election judges, after assembling at or as near as practicable to the original designated polling location, may move to the nearest convenient place for holding the election and at the newly designated place forthwith proceed with the election. The election judges shall notify the designated election official of the change as soon as possible. (b) Upon moving to a new polling location, the election judges shall display a proclamation of the change at the original polling location to notify all electors of the new location for holding the election. The proclamation must contain a statement explaining the Colorado Revised Statutes 2019 Page 167 of 513 Uncertified Printout specific nature of the emergency that required the change in the polling location and must provide the street address of the new location. (2) If an emergency renders a drop-off location impossible or impracticable for use in an election, the designated election official shall relocate the drop-off location to the nearest convenient place. Source: L. 98: Entire section added, p. 583, § 16, effective April 30. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 35, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 2 CALL AND NOTICE 1-5-201. Notice of presidential primary election. (Repealed) Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 93: Entire section repealed, p. 1409, § 43, effective July 1. 1-5-201.5. Legislative declaration - purpose. The general assembly declares that the purpose of this part 2 is to provide adequate notice of elections at a reasonable cost to the taxpayers of the state and its political subdivisions. Source: L. 94: Entire section added, p. 1155, § 20, effective July 1. 1-5-202. Notice of presidential primary and primary election by secretary of state and county clerk and recorder. (Repealed) Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 93: (1) and (2) amended, p. 1409, § 44, effective July 1. L. 94: Entire section amended, p. 1155, § 21, effective July 1. L. 96: (2) amended, p. 1742, § 31, effective July 1. L. 99: (1) and (2) amended, p. 771, § 41, effective May 20. L. 2002: Entire section repealed, p. 1642, § 39, effective June 7. 1-5-203. Certification of ballot. (1) (a) No later than sixty days before any primary election, and no later than fifty-seven days before any general or odd-year November election or congressional vacancy election, the secretary of state shall deliver by electronic transmission and registered mail to the county clerk and recorder of each county a certificate in writing of the ballot order and content for each county, as follows: (I) For general elections, the certificate shall specify the national and state officers and the district officers of state concern for whom some or all of the eligible electors of the county are entitled to cast ballots at the general election. The certificate shall include the name and party or other designation of each candidate for whom some or all of the eligible electors of the county Colorado Revised Statutes 2019 Page 168 of 513 Uncertified Printout are entitled to cast ballots and for whom a petition or certificate of nomination has been filed with the secretary of state, the name and party of each candidate nominated at the primary election for a national or state office or a district office of state concern, and the order of the ballot and the ballot content for the election. With regard to the election of members to the general assembly, the notice shall also specify the district number and the names of the members whose terms of office will expire. (II) For primary elections, the certificate shall specify the offices for which nominations are to be made. The notice shall include a certified list of persons for whom certificates of designation or petitions have been filed with the secretary of state and the office for which each person is a candidate, together with the other details mentioned in the certificates of designation or petitions, and the order of the ballot for the primary election. (III) For any election at which one or more ballot issues or ballot questions are to be submitted to the eligible electors of the entire state, the secretary of state shall certify the order of ballot and ballot content with respect to such ballot issues or ballot questions to the county clerk and recorder of each county of the state. (b) The secretary of state shall be solely responsible for the accuracy of the information contained in the certificate. (2) (Deleted by amendment, L. 2002, p. 1626, § 4, effective June 7, 2002.) (3) (a) No later than sixty days before any election, the designated election official of each political subdivision that intends to conduct an election shall certify the order of the ballot and ballot content. Such certification shall be delivered to the county clerk and recorder of each county that has territory within the political subdivision if the election is coordinated with the clerk and recorder. The order of the ballot and ballot content shall include the name and office of each candidate for whom a petition has been filed with the designated election official and any ballot issues or ballot questions to be submitted to the eligible electors. (b) (Deleted by amendment, L. 2002, p. 1626, § 4, effective June 7, 2002.) (c) The state or a political subdivision that issues a certificate pursuant to this subsection (3) shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to the provisions of section 1-5-412 shall be corrected at the expense of the political subdivision whose designated election official issued the defective certificate or, at the expense of the state, if the secretary of state issued the defective certificate. Source: L. 92: Entire article R&RE, p. 703, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1409, § 45, effective July 1. L. 94: Entire section amended, p. 1156, § 22, effective July 1. L. 99: Entire section amended, p. 772, § 42, effective May 20. L. 2002: (1), (2), (3)(a), and (3)(b) amended, p. 1626, § 4, effective June 7. L. 2003: IP(1) amended, p. 495, § 2, effective March 5. L. 2005: IP(1) and (3)(a) amended, p. 1402, § 21, effective June 6; IP(1) and (3)(a) amended, p. 1437, § 21, effective June 6. L. 2006: (1) amended, p. 1487, § 1, effective June 1. Editor's note: This section is similar to former § 1-6-202 as it existed prior to 1992. 1-5-204. Call for nominations for nonpartisan elections. (Repealed) Colorado Revised Statutes 2019 Page 169 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 703, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1409, § 46, effective July 1. L. 94: Entire section amended, p. 1157, § 23, effective July 1. L. 96: Entire section repealed, p. 1742, § 32, effective July 1. 1-5-205. Published and posted notice of election - content. (1) The designated election official, or the coordinated election official if so provided by an intergovernmental agreement, no later than twenty days before each election, shall provide notice by publication of the election as described by section 1-1-104 (34), which notice must state, as applicable for the particular election for which notice is provided, the following: (a) The date of the election; (b) The hours during which the polling locations and, as appropriate, drop-off locations will be open; (c) The addresses of the polling locations; (d) The addresses of the drop-off locations; (e) Repealed. (f) to (i) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.) (1.2) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.) (1.3) A copy of the notice required by this section shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the designated election official or the clerk and recorder if the election is coordinated by the clerk and recorder. Sample ballots may be used as notices so long as the information required by this section is included with the sample ballot. (1.4) Publication of the notice required by subsection (1) of this section by the clerk and recorder for a coordinated election shall satisfy the publication requirement for all political subdivisions participating in the coordinated election. (1.5) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.) (2) At the time that notice by publication is made, the designated election official shall also mail a copy of the notice of the election to the county clerk and recorders of the counties in which the political subdivision is located if the clerk and recorder is not the coordinated election official. (3) When there is a vacancy for an unexpired term in any national or state office or a district office of state concern that is by law to be filled at any general or congressional vacancy election, the secretary of state, no later than fifty-five days prior to the election, shall give notice in writing by publishing a notice in at least one newspaper of general circulation in the state or in the congressional district in which the vacancy is to be filled. The notice shall specify the office in which the vacancy exists, the cause of the vacancy, the name of the officer in whose office it has occurred, and the time when the term of office will expire. (4) For a primary mail ballot election, in addition to the items described in subsection (1) of this section, the notice shall advise eligible electors who are not affiliated with a political party of the electors' ability to select and cast a ballot of one major political party in the primary election. Source: L. 92: Entire article R&RE, p. 704, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1410, § 47, effective July 1. L. 94: Entire section amended, p. 1157, § 24, effective July 1. L. 96: IP(1), (1)(h), and (1)(i) amended and (1.2) added, p. 1743, § 33, effective Colorado Revised Statutes 2019 Page 170 of 513 Uncertified Printout July 1. L. 99: IP(1) and (1.5) amended, p. 773, § 43, effective May 20. L. 2000: (1)(g) amended, p. 299, § 7, effective August 2. L. 2002: Entire section amended, p. 1627, § 5, effective June 7. L. 2007: (1)(d) amended, p. 1778, § 13, effective June 1. L. 2013: IP(1), (1)(b), (1)(c), and (1)(d) amended, (HB 13-1303), ch. 185, p. 709, § 36, effective May 10. L. 2016: (1)(e) repealed and (4) added, (SB 16-142), ch. 173, p. 579, § 38, effective May 18. L. 2019: (4) amended, (HB 19-1278), ch. 326, p. 3026, § 31, effective August 2. Editor's note: (1) This section is similar to former § 1-6-202 (2) as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the correction of errors in publication, see § 1-5-412. (2) In 2013, the introductory portion to subsection (1) and subsections (1)(b), (1)(c), and (1)(d) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-5-206. Postcard notice - reimbursement of mailing cost - definition. (Repealed) Source: L. 92: Entire article R&RE, p. 704, § 8, effective January 1, 1993. L. 93: (2)(a) amended, p. 1766, § 5, effective June 6; (1) and (2)(a) amended and (4) added, p. 1410, § 48, effective July 1. L. 94: Entire section amended, p. 1158, § 25, effective July 1; (1) amended, p. 1769, § 27, effective January 1, 1995. L. 95: (1) amended, p. 837, § 50, effective July 1. L. 97: (1) amended, p. 477, § 19, effective July 1. L. 99: (2)(a) amended, p. 773, § 44, effective May 20; (1) amended, p. 1389, § 8, effective June 4; (1) amended, p. 279, § 5, effective August 4. L. 2000: (1) and (2) amended, p. 1084, § 1, effective August 2. L. 2002: (1)(b) and (2) amended, p. 1629, § 6, effective June 7. L. 2007: (1)(b) amended, p. 1778, § 14, effective June 1. L. 2008: (1)(a) amended and (5) added, p. 1875, § 2, effective June 2. L. 2009: (1)(a) amended, (SB 09292), ch. 369, p. 1938, § 1, effective August 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 709, § 37, effective May 10. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18. Editor's note: This section was similar to former § 1-2-222 (1)(a) as it existed prior to 1992. 1-5-206.5. Ballot issue notice. (Repealed) Source: L. 94: Entire section added, p. 1159, § 26, effective July 1. L. 96: Entire section repealed, p. 1775, § 84, effective July 1. Colorado Revised Statutes 2019 Page 171 of 513 Uncertified Printout 1-5-206.7. Failure to receive mailed notice. Any election for which a notice was mailed shall not be invalidated on the grounds that an eligible elector did not receive the ballot issue notice, mailed information, or mailed notification of the election required by this code or the state constitution if the designated election official or coordinated election official acted in good faith in making the mailing. Good faith is presumed if the designated election official or coordinated election official mailed the ballot issue notice, information, or notification to the addresses appearing on a registration list for the political subdivision as provided by the county clerk and recorder, and, where applicable, the list of property owners provided by the county assessor. Source: L. 94: Entire section added, p. 1159, § 26, effective July 1. 1-5-207. Court-ordered elections. (1) When an election is ordered by the court for a special district, the court shall authorize the designated election official to give notice as provided in the order. (2) For an organizational election, the notice by publication shall include the purposes of the election, the estimated operating and debt service mill levies and fiscal year spending for the first year following organization, and the boundaries of the special district. The notice by publication shall recite the election date, which shall be not less than ten days after publication of the election notice. (3) For a dissolution election, the notice by publication shall include the plan for dissolution or a summary of the plan and the place where a member of the public may inspect or obtain a copy of the complete plan. The notice by publication shall recite the election date, which shall be not less than ten days after publication of the election notice. Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1160, § 27, effective July 1. 1-5-208. Election may be canceled - when. (1) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5, 2010.) (1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the sixty-third day before the election, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected. (2) Except for initiative and recall elections, no later than twenty-five days before an election conducted as a coordinated election in November, and at any time prior to any other elections, a governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body. (3) If the electors are to consider the election of persons to office and ballot issues or ballot questions, the election may be canceled by the governing body only in the event that all of Colorado Revised Statutes 2019 Page 172 of 513 Uncertified Printout the conditions of subsection (1.5) of this section exist and that all ballot issues or ballot questions have been withdrawn from the ballot pursuant to subsection (2) of this section. (4) Except as provided in subsection (2) of this section, no election may be canceled in part. (5) Unless otherwise provided by an intergovernmental agreement pursuant to section 17-116, upon receipt of an invoice, the governing body shall within thirty days promptly pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election or withdrawn ballot issues or ballot questions. (6) The governing body shall provide notice by publication of the cancellation of the election. A copy of the notice must be posted in the office of the designated election official and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice must be filed in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled and that they were elected by acclamation. Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1160, § 28, effective July 1; entire section amended, p. 1769, § 28, effective January 1, 1995. L. 95: (1) and (6) amended, p. 837, § 51, effective July 1. L. 96: (1) amended and (1.5) added, p. 1743, § 34, effective July 1. L. 2000: (2), (3), (4), and (5) amended, p. 790, § 1, effective August 2. L. 2010: (1) and (1.5) amended, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 682, § 19, effective May 17. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 710, § 38, effective May 10. L. 2016: (6) amended, (SB 16-142), ch. 173, p. 579, § 39, effective May 18. L. 2018: (6) amended, (SB 18233), ch. 262, p. 1608, § 12, effective May 29. Editor's note: Amendments to this section in House Bill 94-1286 and House Bill 941294 were harmonized. Cross references: In 2013, subsection (6) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 3 REGISTRATION RECORDS 1-5-301. Registration record for partisan elections. (1) Digital registration records shall be maintained in the centralized statewide registration system created pursuant to section 12-301. (2) The county clerk and recorder shall provide the voter registration and voting records information to election judges for use at voter service and polling centers in all applicable elections. Colorado Revised Statutes 2019 Page 173 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 710, § 39, effective May 10. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 560, § 11, effective May 9. Editor's note: This section is similar to former § 1-6-301 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-302. Computer lists may be used in lieu of original registration records. For the purposes of all elections, the county clerk and recorder may substitute and supply computer lists of registered electors within the political subdivision for the original registration record. Following a primary, general, or congressional vacancy election, the county clerk and recorder shall record the date of election and, if a primary election, the party ballot received on the registered elector's original registration record. Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 837, § 52, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 579, § 40, effective May 18. Editor's note: This section is similar to former § 1-6-302 as it existed prior to 1992. 1-5-303. Registration records for nonpartisan elections. (1) No later than the fortieth day preceding the date of the scheduled nonpartisan election, the designated election official shall order the registration records. The designated election official may order a complete list of the registered electors as of the thirtieth day prior to the election with a supplementary list provided on the twentieth day, or the designated election official may order a complete list as of the twentieth day prior to the election. The county clerk and recorder shall certify and make available a complete copy of the list of the registered electors of each general election precinct that is located within the county and is involved in the election and, if the supplemental list is ordered no later than the twentieth day preceding the election, shall certify and make available a supplemental list of the eligible electors who have become eligible since the earlier list was certified. These lists shall substitute for the original registration record. (2) The registration list for each election precinct that is certified thirty days before the election shall contain the names and addresses of all registered electors residing within the precinct at the close of business on the fortieth day preceding the election. The registration list for each election precinct that is certified no later than twenty days before the election shall contain the names and addresses of all eligible electors residing within the precinct at the close of business on the thirtieth day prior to the election. If a supplemental list is ordered, it shall contain the names and addresses of all eligible electors who have become eligible within the period since the initial registration list was certified through the close of business on the thirtieth day preceding the election. (3) Costs for the lists shall be assessed by the county clerk and recorder and paid by the political subdivision holding the election. The fee for furnishing the lists shall be no less than Colorado Revised Statutes 2019 Page 174 of 513 Uncertified Printout twenty-five dollars for the entire list nor more than one cent for each name contained on the registration list, whichever is greater. (4) The order for the list may be canceled if the election is canceled pursuant to section 1-5-208 and the county clerk and recorder has not already prepared the list. Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 95: (1) and (2) amended, p. 838, § 53, effective July 1. 1-5-304. Lists of property owners. (1) For elections where owning property in the political subdivision is a requirement for voting in the election, no later than the fortieth day preceding the date of the election, the designated election official, in addition to using the affidavit prescribed in section 32-1-806, C.R.S., shall order the list of property owners from the county assessor. Except as otherwise required under subsection (2) of this section, the county assessor shall certify and deliver an initial list of all recorded owners of taxable real and personal property within the political subdivision no later than thirty days before the election. The supplemental list for the political subdivision shall be provided no later than twenty days before the election and shall contain the names and addresses of all recorded owners who have become owners no later than thirty days prior to the election and after the initial list of property owners was provided. The cost for the lists shall be assessed by the county assessors and paid by the political subdivision holding the election. The fee for furnishing the lists shall be no less than twenty-five dollars for both lists nor more than one cent for each name contained on the lists, whichever is greater. (2) The designated election official of a special district may order the list described in subsection (1) of this section of all recorded owners of taxable real and personal property within the special district as of the thirtieth day before the election with a supplementary list to be provided on the twentieth day before the election, or the designated election official may order a complete list as of the twentieth day before the election. Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1411, § 49, effective July 1. L. 94: Entire section amended, p. 1161, § 29, effective July 1. L. 99: Entire section amended, p. 773, § 45, effective May 20; entire section amended, p. 451, § 6, effective August 4. Editor's note: Amendments to this section by Senate Bill 99-025 and House Bill 991268 were harmonized. PART 4 BALLOTS 1-5-401. Method of voting. (1) For all general, primary, congressional vacancy, coordinated, odd-year, and recall elections, and for any election in which the governing body of a political subdivision other than a county determines that an election shall be by mail ballot, the county clerk and recorder or designated election official for the political subdivision, as Colorado Revised Statutes 2019 Page 175 of 513 Uncertified Printout applicable, shall conduct the election by mail ballot; except that votes cast at voter service and polling centers may be by paper ballots or by electronic or electromechanical voting systems. (2) For any election that the governing body of a political subdivision determines will be an independent mail ballot election, the designated election official for that political subdivision shall conduct the election by mail ballot in accordance with article 13.5 of this title. Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1343, § 5, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 710, § 40, effective May 10. L. 2014: Entire section amended, (HB 141164), ch. 2, p. 3, § 2, effective February 18. Editor's note: This section is similar to former § 1-6-401 (1) as it existed prior to 1992. Cross references: (1) For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-5-402. Primary election ballots. (1) No later than thirty-two days before the primary election, the county clerk and recorder shall prepare a separate ballot for each political party. The ballots shall be printed in the following manner: (a) All official ballots shall be printed according to the provisions of sections 1-5-407 and 1-5-408; except that across the top of each ballot shall be printed the name of the political party for which the ballot is to be used. (b) The positions on the ballot shall be arranged as follows: First, candidates for United States senator; next, congressional candidates; next, state candidates; next, legislative candidates; next, district attorney candidates; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next, county surveyor candidates; and next, county coroner candidates. When other offices are to be filled at the coming general election, the county clerk and recorder, in preparing the primary ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office. (2) Repealed. Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 93: (1)(a) amended, p. 1766, § 6, effective June 6. L. 99: IP(1) amended, p. 774, § 46, effective May 20. Initiated 2016: (2) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2018: (2) repealed, (SB 18-233), ch. 262, p. 1608, § 13, effective May 29. Colorado Revised Statutes 2019 Page 176 of 513 Uncertified Printout Editor's note: (1) This section is similar to former § 1-6-401 (2) as it existed prior to 1992. (2) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 Cross references: (1) For order of names on a primary ballot, see § 1-4-103; for designation of candidates by party assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for conduct of primary elections, see part 2 of article 7 of this title. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. 1-5-403. Content of ballots for general and congressional vacancy elections. (1) The county clerk and recorder of each county using paper ballots or electronically counted ballot cards shall provide printed ballots for every odd-numbered year, general, or congressional vacancy election. The official ballots shall be printed and in the possession of the county clerk and recorder no later than thirty-two days before every odd-numbered year, congressional vacancy, and general election. (2) For all elections except those for presidential electors, every ballot shall contain the names of all candidates for offices to be voted for at that election whose nominations have been made and accepted, except those who have died or withdrawn, and the ballot shall contain no other names. When presidential electors are to be elected, their names shall not be printed on the ballot, but the names of the candidates of the respective political parties or political organizations for president and vice president of the United States shall be printed together in pairs under the title "presidential electors". The pairs shall be arranged in the alphabetical order of the names of the candidates for president in the manner provided for in section 1-5-404. A vote for any pair of candidates is a vote for the duly nominated presidential electors of the political party or political organization by which the pair of candidates were named. (3) The names of joint candidates of a political party or political organization for the offices of governor and lieutenant governor shall be printed in pairs. The pairs shall be arranged in the alphabetical order of the names of candidates for governor in the manner provided for in section 1-5-404. A vote for any pair of candidates for governor and lieutenant governor is a vote for each of the candidates who compose that pair. (4) The name of each person nominated shall be printed or written upon the ballot in only one place. Each nominated person's name may include one nickname, if the person regularly uses the nickname and the nickname does not include any part of a political party name. Opposite the name of each person nominated, including candidates for president and vice president and joint candidates for governor and lieutenant governor, shall be the name of the political party or political organization which nominated the candidate, expressed in not more than three words. Those three words may not promote the candidate or constitute a campaign promise. (5) The positions on the ballot shall be arranged as follows: First, candidates for president and vice president of the United States; next, candidates for United States senator; next, congressional candidates; next, joint candidates for the offices of governor and lieutenant Colorado Revised Statutes 2019 Page 177 of 513 Uncertified Printout governor; next, other state candidates; next, legislative candidates; next, district attorney candidates; next, candidates for the board of directors of the regional transportation district; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next county surveyor candidates; and next, county coroner candidates. When other offices are to be filled, the county clerk and recorder, in preparing the ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office. The ballot issues concerning the retention in office of justices of the supreme court, judges of the court of appeals, judges of the district court, and judges of the county court shall be placed on the ballot in that order and shall precede the placement of ballot issues concerning amendment of the state constitution or pertaining to political subdivisions. Source: L. 92: Entire article R&RE, p. 708, § 8, effective January 1, 1993. L. 97: (1) amended, p. 184, § 1, effective August 6. L. 99: (1) amended, p. 774, § 47, effective May 20. L. 2012: (4) amended, (HB 12-1292), ch. 181, p. 682, § 20, effective May 17. Editor's note: This section is similar to former § 1-6-402 as it existed prior to 1992. Cross references: For provision requiring joint election of governor and lieutenant governor, see § 1-4-204; for requirement that write-in candidate file affidavit of intent, see § 1-41101; for ballots for primary elections, see § 1-5-402; for printing and distribution of ballots, see § 1-5-410; for the furnishing of cards of instruction to election judges, see § 1-5-504; for the manner of voting in precincts which use paper ballots, see § 1-7-304; for ballots defectively marked, see § 1-7-309. 1-5-404. Arrangement of names on ballots for partisan elections. (1) In all partisan elections, the names of all candidates and joint candidates who have been duly nominated for office shall be arranged on the ballot under the designation of the office in three groups as follows: (a) The names of the candidates of the major political parties shall be placed on the general election ballot in an order established by lot and shall comprise the first group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor. (b) The names of the candidates and joint candidates of the minor political parties shall be listed in an order established by lot and shall comprise the second group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor. (c) The names of the candidates and joint candidates of the remaining political organizations shall be listed in an order established by lot and shall comprise the third group; except that the joint candidates for president and vice president and the joint candidates for Colorado Revised Statutes 2019 Page 178 of 513 Uncertified Printout governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor. (2) Between July 1 and July 15 of each election year, the officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party that has nominated at least one candidate, and the representative of each political organization that has filed a nominating petition for at least one candidate of the time and place of the lot-drawing for offices to appear on the general election ballot. Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn. The name of the candidate shall be inserted on the ballot prior to the ballot certification. (3) The arrangement of names on ballots for congressional vacancy elections shall be established by lot at any time prior to the certification of ballots for the congressional vacancy election. The officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party, and the representatives of each political organization on file with the secretary of state of the time and place of the lot-drawing for the congressional election ballot. Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn. Source: L. 92: Entire article R&RE, p. 710, § 8, effective January 1, 1993. L. 93: (1) and (3) amended, p. 1411, § 50, effective July 1. L. 98: Entire section amended, p. 258, § 11, effective April 13. L. 2012: (1)(a), (2), and (3) amended, (HB 12-1292), ch. 181, p. 682, § 21, effective May 17. L. 2019: (2) amended, (HB 19-1278), ch. 326, p. 3026, § 32, effective August 2. Editor's note: (1) This section is similar to former § 1-6-403 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-5-405. Arrangement of names on voting machines - testing of machines - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 710, § 8, effective January 1, 1993. L. 93: Entire section R&RE, p. 1412, § 51, effective July 1. L. 2004: (4) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (4) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-406. Content of ballots for nonpartisan elections. The designated election official shall provide printed ballots for every election. The official ballots shall be printed and in the Colorado Revised Statutes 2019 Page 179 of 513 Uncertified Printout possession of the designated election official at least thirty days before the election. Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election, except those who have died or withdrawn, and the ballot shall contain no other names. The arrangement of the names shall be established by lot at any time prior to the certification of the ballot. The designated election official shall notify the candidates of the time and place of the lot-drawing for the ballot. The drawing shall be performed by the designated election official or a designee. The names shall be printed on the ballot without political party designation. Source: L. 92: Entire article R&RE, p. 712, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1412, § 52, effective July 1. 1-5-407. Form of ballots. (1) (a) All ballots must be uniform and of sufficient length and width to allow for the names of candidates, officers, ballot issues, and ballot questions to be printed in clear, plain type, with a space between the different columns on the ballot. On each ballot the endorsement "Official ballot for ......................" must be printed, and after the word "for" follows the designation of the precinct, if appropriate, and the political subdivision for which the ballot is prepared, the date of the election, and a facsimile of the signature of the election official. The ballot shall not contain any caption or other endorsement, except as provided in this section. The election official shall use the same quality and tint of paper, the same kind of type, and the same quality and tint of plain black ink for all ballots prepared for one election. (b) If the designated election official, in his or her discretion, elects to use ballot stubs, each ballot may have either one or two stubs to be divided into two spaces by two perforated or dotted lines. Each such space must be at least one inch wide. The top portion is called the stub and the next portion is called the duplicate stub. All ballots prepared under this paragraph (b) must be numbered consecutively. The same number must be printed on both the stub and the duplicate stub. (1.5) Repealed. (1.6) A ballot stub may be used, but is not required, for a ballot produced on demand, so long as the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the voting system. Such ballots may contain printed and distinguishing marks, so long as secrecy in voting is protected. (2) The ballots shall be printed so as to give to each eligible elector a clear opportunity to designate his or her choice of candidates, joint candidates, ballot issues, and ballot questions by a mark as instructed. On the ballot may be printed words that will aid the elector, such as "vote for not more than one". (3) At the end of the list of candidates for each different office shall be one or more blank spaces in which the elector may write the name of any eligible person not printed on the ballot who has filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101. The number of spaces provided shall be the lesser of the number of eligible electors who have properly filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101 or the number of persons to be elected to the office. No such blank spaces shall be provided if no eligible elector properly filed an affidavit of intent of write-in candidate. (4) The names of the candidates for each office shall be arranged under the designation of the office as provided in section 1-5-404. The designated election official shall not print, in Colorado Revised Statutes 2019 Page 180 of 513 Uncertified Printout connection with any name, any title or degree designating the business or profession of the candidate. Each candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. (4.5) If no candidate has been duly nominated and no person has properly filed an affidavit of intent of write-in candidate for an office, the following text shall appear under the designation of the office: "There are no candidates for this office.". (5) (a) Whenever the approval of a ballot issue or ballot question is submitted to the vote of the people, the ballot issue or question shall be printed upon the ballot following the lists of candidates. Except as otherwise provided in section 32-9-119.3 (2), C.R.S., referred amendments shall be printed first, followed by initiated amendments, referred propositions, initiated propositions, county issues and questions, municipal issues and questions, school district issues and questions, ballot issues and questions for other political subdivisions which are in more than one county, and then ballot issues and questions for other political subdivisions which are wholly within a county. (b) Beginning with the 2010 general election: (I) Each proposed change to the state constitution, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as an "amendment"; (II) Each proposed change to the Colorado Revised Statutes, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as a "proposition"; and (III) A ballot issue or question containing both a proposed change to the state constitution and a proposed change to the Colorado Revised Statutes shall be identified on the ballot as an "amendment". (5.3) (a) Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the state constitution shall be numbered consecutively in regular numerical order beginning with the number sixty. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one and in accordance with this paragraph (a) following the utilization of the number ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (b) Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the Colorado Revised Statutes shall be numbered consecutively in regular numerical order beginning with the number one hundred one. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number one hundred ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one hundred one and in accordance with this paragraph (b) following the utilization of the number one hundred ninety-nine for any such measure. The secretary of state may promulgate rules as may be Colorado Revised Statutes 2019 Page 181 of 513 Uncertified Printout necessary to administer this paragraph (b). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (5.4) (a) Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the state constitution shall be lettered consecutively in regular alphabetical order beginning with the letter P. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letter following the last letter utilized in the previous election until the letter Z is utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letter A and in accordance with this paragraph (a) following the utilization of the letter Z for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (b) Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the Colorado Revised Statutes shall be double-lettered consecutively in regular alphabetical order beginning with the letters AA. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letters following the last letters utilized in the previous election until the letters ZZ are utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letters AA and in accordance with this paragraph (b) following the utilization of the letters ZZ for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (b). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S. (5.5) The coordinated election official may choose to follow the provisions of subsection (5) of this section, or may choose to use separate ballots. If separate ballots are used, the candidates shall be listed first, followed by measures to increase taxes, measures to increase debt, citizen petitions, and referred measures. (6) Whenever candidates are to be voted for only by the eligible electors of a particular district, county, or other political subdivision, the names of those candidates shall not be printed on any ballots other than those provided for use in the district, county, or political subdivision in which those candidates are to be voted on. (7) No printing or distinguishing marks shall be on the ballot except as specifically provided in this code. (8) Repealed. (9) If a referred measure, including but not limited to a measure referred by the school board of a multicounty school district or the board of directors of a multicounty special district to the registered electors of the school district or special district, is referred to registered electors of multiple counties, the alphabetical, numerical, or alphanumerical designation used to identify the measure shall be identical on each ballot that includes the measure. Source: L. 92: Entire article R&RE, p. 712, § 8, effective January 1, 1993. L. 93: (1) and (5) amended and (5.5) added, p. 1412, § 53, effective July 1. L. 94: (1) amended and (8) added, Colorado Revised Statutes 2019 Page 182 of 513 Uncertified Printout p. 1161, § 30, effective July 1. L. 96: (3) amended, p. 1743, § 35, effective July 1. L. 97: (1) amended and (1.5) added, p. 184, § 2, effective August 6. L. 2000: (5.3) added, p. 299, § 8, effective August 2. L. 2002: (1), (2), (3), and (4) amended and (1.6) and (4.5) added, p. 1630, § 7, effective June 7. L. 2005: (5) amended and (5.4) and (9) added, p. 1265, § 1, effective June 3. L. 2009: (5) amended, (SB 09-108), ch. 5, p. 48, § 3, effective March 2; (5), (5.3), and (5.4) amended, (HB 09-1326), ch. 258, p. 1167, § 1, effective January 1, 2010. L. 2010: (5)(a) amended, (SB 10-216), ch. 413, p. 2041, § 1, effective June 10. L. 2012: (4) and (5)(b) amended, (HB 12-1292), ch. 181, p. 683, § 22, effective May 17. L. 2014: (1) and (1.6) amended and (1.5) and (8) repealed, (SB 14-161), ch. 160, p. 560, § 12, effective May 9. Editor's note: (1) This section is similar to former § 1-6-402 as it existed prior to 1992. (2) Amendments to subsection (5) by Senate Bill 09-108 and House Bill 09-1326 were harmonized. 1-5-408. Form of ballots - electronic voting. (1) Ballot cards placed upon voting equipment shall, so far as practicable, be arranged as provided by sections 1-5-402, 1-5-403, and 1-5-404; except that they shall be of the size and design required by the voting equipment and may be printed on a number of separate ballot cards that are placed on the voting equipment. (2) If votes are recorded on a ballot card, a separate write-in ballot may be provided, which may be in the form of a paper ballot or envelope on which the elector may write in the title of the office and the name of a qualified write-in candidate. (3) Polling locations that use electromechanical voting systems may use ballot cards of different colors to ensure that electors receive a full ballot. Such polling locations may also use ballot cards of different colors for each party at primary elections. (4) Repealed. Source: L. 92: Entire article R&RE, p. 713, § 8, effective January 1, 1993. L. 97: (4) amended, p. 185, § 3, effective August 6. L. 2004: (1), (3), and (4) amended, p. 1344, § 6, effective May 28. L. 2013: (3) amended and (4) repealed, (HB 13-1303), ch. 185, p. 711, § 41, effective May 10. Editor's note: This section is similar to former § 1-6-405 as it existed prior to 1992. Cross references: (1) For the legislative declaration contained in the 2004 act amending subsections (1), (3), and (4), see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, subsection (3) was amended and subsection (4) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-409. Single cross mark for party slate not permitted. Each office in every election shall be voted upon separately, and no emblem, device, or political party designation shall be used on the official ballot at any election by which an eligible elector may vote for more than one office by placing a single cross mark on the ballot or by writing in the name of any political party or political organization. Colorado Revised Statutes 2019 Page 183 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 714, § 8, effective January 1, 1993. Editor's note: This section is similar to former § 1-6-406 as it existed prior to 1992. 1-5-410. Printing and distribution of ballots. (1) In political subdivisions using paper ballots or electronic ballot cards, the designated election official shall have a sufficient number of ballots printed and distributed to the election judges in the respective polling locations. (2) This section does not apply to any election in which a ballot-on-demand system is used. Source: L. 92: Entire article R&RE, p. 714, § 8, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 711, § 42, effective May 10. Editor's note: This section is similar to former § 1-6-407 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-411. Substitute ballots. If the ballots to be furnished to any election judges are not delivered at the time and in the manner required in section 1-5-410 or if after delivery they are destroyed or stolen, it shall be the duty of the designated election official to cause other ballots to be prepared, as nearly in the form prescribed as practicable, with the words "substitute ballot" printed on each ballot. Upon receipt of the ballots thus prepared from the designated election official, accompanied by a statement under oath that the designated election official prepared and furnished the substitute ballots and that the original ballots have not been received or have been destroyed or stolen, the election judges shall cause the substitute ballots to be used at the election. If from any cause neither the official ballots nor the substitute ballots are ready in time to be distributed for the election or if the supply of ballots is exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used until substitutes prepared by the designated election official can be printed and delivered. Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993. Editor's note: This section is similar to former § 1-6-408 as it existed prior to 1992. 1-5-412. Correction of errors. (1) The designated election official shall correct without delay any errors in publication or in sample or official ballots which are discovered or brought to the official's attention and which can be corrected without interfering with the timely distribution of the ballots. (2) When it appears by verified petition of a candidate or the candidate's agent to any district court that any error or omission has occurred in the publication of the names or description of the candidates or in the printing of sample or official election ballots which has been brought to the attention of the designated election official and has not been corrected, the Colorado Revised Statutes 2019 Page 184 of 513 Uncertified Printout court shall issue an order requiring the designated election official to correct the error forthwith or to show cause why the error should not be corrected. Costs, including reasonable attorney fees, may be assessed in the discretion of the court against either party. (3) If, before the date set for election, a duly nominated candidate withdraws by filing an affidavit of withdrawal with the designated election official, or dies and the fact of the death becomes known to the designated election official before the ballots are printed, or is deemed disqualified, the name of the candidate shall not be printed on the ballots. Except in the case of a vacancy to be filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the ballots are already printed, the votes cast for the withdrawn, deceased, or disqualified candidate are invalid and shall not be counted. Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993. L. 99: (3) amended, p. 934, § 3, effective August 4. L. 2007: (3) amended, p. 1975, § 17, effective August 3. L. 2017: (3) amended, (SB 17-209), ch. 234, p. 963, § 9, effective August 9. Editor's note: This section is similar to former § 1-6-409 as it existed prior to 1992. Cross references: For taxing reasonable attorney fees in favor of the defendant when an action is vexatiously commenced, see C.R.C.P. 3(a). 1-5-413. Sample ballots. Sample ballots must be printed in the form of official ballots, but must be clearly marked as "SAMPLE BALLOT". Sample ballots must be delivered to the election judges and posted with the cards of instruction provided for in section 1-5-504. All sample ballots are subject to public inspection. Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 579, § 41, effective May 18. Editor's note: This section is similar to former § 1-6-410 as it existed prior to 1992. PART 5 POLLING PLACE SUPPLIES AND EQUIPMENT 1-5-501. Sufficient voting booths, voting machines, or electronic voting equipment. (1) At all elections in political subdivisions that use paper ballots, the governing body shall provide in each polling location a sufficient number of voting booths. Each voting booth shall be situated so as to permit eligible electors to prepare their ballots screened from observation and shall be furnished with supplies and conveniences necessary for voting. (2) At all elections in political subdivisions that use electronic or electromechanical voting systems, the designated election official shall supply each polling location with sufficient voting equipment. Colorado Revised Statutes 2019 Page 185 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 2004: (2) amended, p. 1344, § 7, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 43, effective May 10. Editor's note: This section is similar to former § 1-6-501 as it existed prior to 1992. Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-502. Ballot boxes for nonmachine voting. The governing body of each political subdivision using paper ballots or electronic vote counting equipment shall provide at least one ballot box for each polling location. The ballot boxes shall be strongly constructed so as to prevent tampering, with a small opening at the top and with a lid to be locked. The designated election official shall keep the ballot boxes and keys and deliver them, prior to the date on which the polling locations open, to the election judges. Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 586, § 25, effective April 30. L. 99: Entire section amended, p. 774, § 48, effective May 20. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 44, effective May 10. Editor's note: This section is similar to former § 1-6-502 as it existed prior to 1992. Cross references: (1) For delivery of election returns, ballot boxes, and other election papers, see § 1-7-701. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-503. Arrangement of voting equipment or voting booths and ballot boxes. The voting equipment or voting booths and the ballot box shall be situated in the polling location so as to be in plain view of the election officials and watchers. No person other than the election officials and those admitted for the purpose of voting are permitted within the immediate voting area, which is considered as within six feet of the voting equipment or voting booths and the ballot box, except by authority of the election judges or the designated election official, and then only when necessary to keep order and enforce the law. Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1344, § 8, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 45, effective May 10. Editor's note: This section is similar to former § 1-6-503 as it existed prior to 1992. Colorado Revised Statutes 2019 Page 186 of 513 Uncertified Printout Cross references: (1) For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-504. Instruction cards. (1) The designated election official of each political subdivision shall furnish to the election judges a sufficient number of instruction cards for the guidance of eligible electors in preparing their ballots. The election judges shall post at least one of the cards in each polling location. The cards shall be printed in large, clear type and shall contain full instructions to the eligible electors as to what should be done: (a) To obtain ballots for voting; (b) To prepare the ballots for deposit in the ballot box; (c) To obtain a new ballot in the place of one spoiled by accident or mistake; (d) To obtain assistance in marking ballots; and (e) To vote for a write-in candidate. Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 2013: IP (1) amended, (HB 13-1303), ch. 185, p. 712, § 46, effective May 10. Editor's note: This section is similar to former § 1-6-504 as it existed prior to 1992. Cross references: In 2013, the introductory portion to subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-504.5. Items to be posted at polling locations. (1) The following items shall be posted at each polling location: (a) A polling location sign visible from the outside of the closest entrance to the polling location pursuant to section 1-5-106; (b) A sign notifying persons outside and inside of the polling location that no electioneering is permitted within one hundred feet of the polling location pursuant to section 113-714; (c) Instruction cards for the guidance of eligible electors pursuant to section 1-5-504; (d) Sample ballots pursuant to section 1-5-413; (e) An explanation of the procedures that govern the provision of voting assistance to electors with disabilities who require such assistance pursuant to section 1-7-111. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., to prescribe the form of such explanation. Source: L. 96: Entire section added, p. 1744, § 36, effective July 1. L. 2000: (1)(e) added, p. 1086, § 1, effective May 26. L. 2013: IP(1), (1)(a), and (1)(b) amended, (HB 13-1303), ch. 185, p. 713, § 47, effective May 10. Colorado Revised Statutes 2019 Page 187 of 513 Uncertified Printout Cross references: In 2013, the introductory portion to subsection (1) and subsections (1)(a) and (1)(b) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-505. Election expenses to be paid by county. (1) Except as provided in section 15-505.5, the cost of conducting general, primary, and congressional vacancy elections, including the cost of printing and supplies, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses. (2) (a) For a special legislative election, if the state senatorial or state representative district in which the special legislative election is to be held is comprised of one or more whole counties or a part of one county and all or a part of one or more other counties, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of the county in which there were irregularities in the votes cast or counted at the general election for such district. (b) If the state senatorial or state representative district in which the special election is to be held is comprised of a portion of one county, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of such county. (c) The payment of such costs of a special legislative election shall be provided for in the same manner as the payment of other county expenses. Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 99: Entire section amended, p. 1389, § 9, effective June 4. L. 2000: (1) amended, p. 655, § 1, effective August 2. Editor's note: This section is similar to former § 1-6-505 as it existed prior to 1992. Cross references: For payment of county expenses, see part 1 of article 25 of title 30. 1-5-505.5. State reimbursement to counties for ballot measure elections. (1) As used in this section, unless the context otherwise requires: (a) "Ballot issue" shall have the same meaning as provided in section 1-1-104 (2.3). (b) "Ballot question" shall have the same meaning as provided in section 1-1-104 (2.7). (2) For an election held in an odd-numbered year pursuant to article 41 of this title in which the only item on the ballot of a particular county is a state ballot issue, the state shall reimburse such county for the costs incurred that are shown by such county to be directly attributable to conducting such election and shall not include any portion of the usual costs of maintaining the office of the clerk and recorder, including, without limitation, overhead costs and personal service costs of permanent employees. (3) For any other odd- or even-numbered year election in which a state ballot issue or state ballot question is on the ballot of a particular county, the state shall reimburse such county for the cost of the duties performed by the county clerk and recorder that relate to conducting the election on the ballot issue or ballot question; except that the reimbursement shall be set at the following rates: Colorado Revised Statutes 2019 Page 188 of 513 Uncertified Printout (a) For counties with ten thousand or fewer active registered electors, ninety cents for each active registered elector as of the time of the election; (b) For counties with more than ten thousand active registered electors, eighty cents for each active registered elector as of the time of the election. (4) The general assembly shall make appropriations to the department of state from the department of state cash fund or from the general fund for the purpose of reimbursing counties under the terms of this section in conformity with section 24-21-104.5, C.R.S. Source: L. 2000: Entire section added, p. 655, § 2, effective August 2. L. 2006: (3) amended, p. 2032, § 10, effective June 6. L. 2012: (3) amended, (HB 12-1143), ch. 231, p. 1014, § 1, effective May 29. 1-5-506. Election expenses in nonpartisan elections. The cost of conducting a nonpartisan election, including the cost of printing and supplies, must be paid by the governing body calling the election. Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1413, § 54, effective July 1. L. 2000: Entire section amended, p. 1085, § 2, effective August 2. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 580, § 42, effective May 18. 1-5-507. County clerk and recorder to give estimate. In any election called by a nonpartisan governing body where the county clerk and recorder will have responsibilities for the election, the county clerk and recorder shall give to the governing body estimates of the costs for conducting a coordinated election or a mail ballot election so that the governing body may choose the appropriate method of election. Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1413, § 55, effective July 1. PART 6 AUTHORIZATION AND USE OF VOTING MACHINES AND ELECTRONIC VOTING SYSTEMS 1-5-601. Use of voting systems - definition. (1) In all elections held in this state, the votes may be cast, registered, recorded, and counted by means of an electronic or electromechanical voting system as provided in this part 6. (2) As used in this part 6, "electromechanical voting system" shall include a paper-based voting system as defined in section 1-1-104 (23.5). Source: L. 92: Entire article R&RE, p. 718, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1345, § 9, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1189, § 2, effective May 15. Colorado Revised Statutes 2019 Page 189 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-6-601 as it existed prior to 1992. Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-601.5. Compliance with federal requirements. All voting systems and voting equipment offered for sale on or after May 28, 2004, shall meet the voting systems standards that were promulgated in 2002 by the federal election commission. At his or her discretion, the secretary of state may require by rule that voting systems and voting equipment satisfy voting systems standards promulgated after January 1, 2008, by the federal election assistance commission as long as such standards meet or exceed those promulgated in 2002 by the federal election commission. Subject to section 1-5-608.2, nothing in this section shall be construed to require any political subdivision to replace a voting system that is in use prior to May 28, 2004. Source: L. 2004: Entire section added, p. 1346, § 14, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1190, § 3, effective May 15. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-602. Requirements for voting machines - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 718, § 8, effective January 1, 1993. L. 93: (1)(f) and (1)(k) amended, p. 1414, § 56, effective July 1. L. 95: (1)(e) amended, p. 862, § 119, effective July 1. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-603. Adoption and payment for voting machines. The governing body of any political subdivision may adopt for use at elections any kind of voting machine fulfilling the requirements for voting machines set forth in this part 6. These voting machines may be used at any or all elections held in the political subdivision for casting, registering, and counting votes. The governing body of any political subdivision which adopts and purchases or leases voting machines shall provide for the payment of the purchase price or the rent in such manner as may be in the best interest of the political subdivision and may for that purpose provide for the issuance of interest-bearing bonds, certificates of indebtedness, or other obligations, which shall be a charge upon the county. The bonds, certificates of indebtedness, or other obligations may be made payable at such times, not exceeding ten years from the date of issue, as may be determined by the governing body but shall not be issued or sold at less than par. Source: L. 92: Entire article R&RE, p. 719, § 8, effective January 1, 1993. L. 2007: Entire section amended, p. 2017, § 1, effective June 1. Editor's note: This section is similar to former § 1-6-603 as it existed prior to 1992. Colorado Revised Statutes 2019 Page 190 of 513 Uncertified Printout 1-5-604. Experimental use - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 2004: (2) added by revision, p. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-605. Other laws apply - paper ballots permitted for absentee voting - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-605.5. Custody of voting system. The county clerk and recorder or designated election official shall be the custodian of the voting system in a political subdivision and may appoint deputies necessary to prepare and supervise the voting system prior to and during elections. Source: L. 2004: Entire section added, p. 1346, § 14, effective May 28. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-605.7. Mechanical lever voting machines - prohibited. (1) No voting system using mechanical lever voting machines may be used in any election in this state. (2) Repealed. Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 12, effective May 5. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-606. Election officials and employees not to have interest in voting equipment or devices. No election official or employee of an election official having duties or responsibilities in connection with the conduct of any election shall have any financial or proprietary interest, either directly or indirectly, in the manufacture, sale, maintenance, servicing, repair, or transportation of voting equipment. This section shall not apply to any designated election official or employee of a designated election official participating in a coordinated election who has no independent decision-making responsibility concerning the selection of voting equipment Colorado Revised Statutes 2019 Page 191 of 513 Uncertified Printout by the county clerk and recorder or whose interest derives solely from ownership of shares in a mutual or pension fund. Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 96: Entire section amended, p. 1744, § 37, effective July 1. L. 2004: Entire section amended, p. 1345, § 10, effective May 28. Editor's note: This section is similar to former § 1-6-606 as it existed prior to 1992. Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-607. Elected officials not to handle voting equipment or devices. (1) In any political subdivision having a population of one hundred thousand or more, it is unlawful for any elected official or candidate for elective office to prepare, maintain, or repair any voting equipment or device that is to be used or is used in any election. The provisions of this section shall be limited to actual physical contact with any voting equipment or device or any of its parts and shall not be construed as prohibiting an elected official from directing employees or other persons who are not elected officials to prepare, maintain, repair, or otherwise handle any voting equipment or devices. (2) The provisions of this section shall not be construed to prohibit any elected official or candidate for elective office from voting at any election. (3) The provisions of this section shall not apply to precinct committeepersons who act as election judges. (4) Repealed. Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 96: (4) repealed, p. 1775, § 84, effective July 1. L. 2004: (1) amended, p. 1345, § 11, effective May 28. Editor's note: This section is similar to former § 1-6-607 as it existed prior to 1992. Cross references: (1) For penalties for election offenses, see § 1-13-111. (2) For the legislative declaration contained in the 2004 act amending subsection (1), see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-608. Requirements - electronic voting systems - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 721, § 8, effective January 1, 1993. L. 94: (1)(e) amended, p. 1162, § 31, effective July 1. L. 95: (1)(c) amended, p. 862, § 120, effective July 1. L. 2004: (3) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) Colorado Revised Statutes 2019 Page 192 of 513 Uncertified Printout 1-5-608.2. Punch card voting systems - prohibited. (1) No punch card electronic voting system or other voting system in which the elector uses a device to pierce the ballot may be used in any election in this state. (2) Repealed. Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 13, effective May 5. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-608.5. Electronic and electromechanical voting systems - testing by federally accredited labs - certification and approval of purchasing of electronic and electromechanical voting systems by secretary of state - conditions of use by secretary of state - testing. (1) A federally accredited laboratory may test, approve, and qualify electronic and electromechanical voting systems for sale and use in the state of Colorado. (2) (Deleted by amendment, L. 2009, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15, 2009.) (3) (a) If the electronic and electromechanical voting systems tested pursuant to this section satisfy the requirements of this part 6, the secretary of state shall certify such systems and approve the purchase, installation, and use of such systems by political subdivisions and establish standards for certification. (b) The secretary of state may promulgate conditions of use in connection with the use by political subdivisions of electronic and electromechanical voting systems as may be appropriate to mitigate deficiencies identified in the certification process. (c) In undertaking the certification required by this section, the secretary of state may consider either procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors. (4) In undertaking the certification required by this section, the secretary of state may request a federally accredited laboratory to undertake the testing of an electronic or electromechanical voting system or may use and rely upon the testing of an electronic or electromechanical voting system already performed by another state or a federally accredited laboratory upon satisfaction of the following conditions: (a) The secretary of state has complete access to any documentation, data, reports, or similar information on which the other state or laboratory relied in performing its testing and will make such information available to the public subject to any redaction required by law; and (b) The secretary of state makes written findings and certifies that he or she reviewed the information specified in paragraph (a) of this subsection (4) and determines that the testing: (I) Was conducted in accordance with appropriate engineering standards in use as of the time the testing is undertaken; and (II) Satisfies the requirements of sections 1-5-615 and 1-5-616 and all rules promulgated thereunder. (5) In undertaking the certification required by this section, the secretary of state may conduct joint testing with an agency of another state or with a federally accredited laboratory. Colorado Revised Statutes 2019 Page 193 of 513 Uncertified Printout Source: L. 93: Entire section added, p. 1414, § 57, effective July 1. L. 2004: Entire section amended, p. 1346, § 13, effective May 28. L. 2009: Entire section amended, (HB 091335), ch. 260, p. 1190, § 4, effective May 15. Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-609. Acquisition and use authorized - repeal. (Repealed) Source: L. 92: Entire article R&RE, p. 721, § 8, effective January 1, 1993. L. 2004: (3) added by revision, pp. 1361, 1213, §§ 30, 31, 108. Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.) 1-5-610. Preparation for use - electronic voting. (1) Prior to an election in which an electronic voting system is to be used, the designated election official shall have all system components prepared for voting and shall inspect and determine that each vote recorder or voting device is in proper working order. The designated election official shall cause a sufficient number of recorders or devices to be delivered to each election precinct in which an electronic voting system is to be used. (2) The designated election official shall supply each election precinct in which vote recorders or voting devices are to be used with a sufficient number of ballots, ballot cards, sample ballots, ballot boxes, and write-in ballots and with such other supplies and forms as may be required. Each ballot or ballot card shall have a serially numbered stub attached, which shall be removed by an election judge before the ballot or ballot card is deposited in the ballot box. Source: L. 92: Entire article R&RE, p. 722, § 8, effective January 1, 1993. Editor's note: This section is similar to former § 1-6-610 as it existed prior to 1992. 1-5-611. Requirements - nonpunch card electronic voting systems. (1) No nonpunch card electronic voting system shall be purchased, leased, or used unless it fulfills the following requirements: (a) It provides for voting in secrecy; (b) It permits each elector to write in the names of eligible candidates not appearing on the printed ballot, to vote for as many candidates for an office as there are vacancies for which the elector is entitled to vote, and to vote for or against any ballot issue upon which the elector is entitled to vote; (c) It rejects any vote for an office or on a ballot issue if the number of votes exceeds the number the elector is entitled to cast; (d) It permits each elector, other than at a primary election, to vote for the candidates of one or more parties and for unaffiliated candidates; (e) It prevents the elector from voting for the same candidates more than once for the same office; and Colorado Revised Statutes 2019 Page 194 of 513 Uncertified Printout (f) If the system uses a voting device: (I) It is suitably designed, of durable construction, and capable of being used safely, efficiently, and accurately in the conduct of elections and the tabulation of votes; (II) It permits the names of candidates and the text of issues to be printed on pages which are securely attached to the voting device, the pages to be securely locked in a metal frame or sealed to prevent tampering; (III) It contains a protective counter with a register which cannot be reset, which shall register the cumulative total number of movements of the operating mechanism; and (IV) It is capable of providing printouts of vote totals by office and candidate or by ballot issue, including a numeric-only printout to be used for testing as provided in section 1-7509. Source: L. 92: Entire article R&RE, p. 722, § 8, effective January 1, 1993. L. 95: (1)(d) amended, p. 862, § 121, effective July 1. L. 2005: (1)(f)(IV) amended, p. 1425, § 55, effective June 6; (1)(f)(IV) amended, p. 1460, § 55, effective June 6. Editor's note: This section is similar to former § 1-6-611 as it existed prior to 1992. 1-5-612. Use of electronic and electromechanical voting systems. (1) The governing body of any political subdivision may, upon consultation with the designated election official, adopt an electronic or electromechanical voting system, including any upgrade in hardware, firmware, or software, for use at the polling locations in the political subdivision. The system may be used for recording, counting, and tabulating votes at all elections held by the political subdivision. (2) An electronic or electromechanical voting system may be used only if the system has been certified by the secretary of state in accordance with this part 6. Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 713, § 48, effective May 10. Cross references: (1) For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-613. Purchase and sale of voting equipment. (1) The secretary of state shall adopt uniform rules in accordance with article 4 of title 24, C.R.S., for the purchase and sale of voting equipment in the state. (2) The governing body or designated election official of a political subdivision may purchase a voting system only if the voting system has been certified for use in this state by the secretary of state in accordance with this part 6. (3) The governing body or designated election official of a political subdivision shall notify the secretary of state before purchasing or selling voting equipment. The secretary of state Colorado Revised Statutes 2019 Page 195 of 513 Uncertified Printout shall attempt to coordinate the sale of excess or outmoded equipment by one political subdivision with purchases of necessary equipment by other political subdivisions. (4) The secretary of state shall provide information at the request of the governing bodies of the various political subdivisions of the state on the availability and sources of new and used voting equipment. Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 580, § 43, effective May 18. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-614. Certification of electronic and electromechanical voting systems standards. (Repealed) Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2009: Entire section repealed, (HB 09-1335), ch. 260, p. 1191, § 5, effective May 15. 1-5-615. Electronic and electromechanical voting systems - requirements. (1) The secretary of state shall not certify any electronic or electromechanical voting system unless such system: (a) Provides for voting in secrecy; (b) Permits each elector to vote for all offices for which the elector is lawfully entitled to vote and no others, to vote for as many candidates for an office as the elector is entitled to vote for, and to vote for or against any ballot question or ballot issue on which the elector is entitled to vote; (c) Permits each elector to verify his or her votes privately and independently before the ballot is cast; (d) Permits each elector privately and independently to change the ballot or correct any error before the ballot is cast, including by voting a replacement ballot if the elector is otherwise unable to change the ballot or correct an error; (e) If the elector overvotes: (I) Notifies the elector before the ballot is cast that the elector has overvoted; (II) Notifies the elector before the vote is cast that an overvote for any office, ballot question, or ballot issue will not be counted; and (III) Gives the elector the opportunity to correct the ballot before the ballot is cast; (f) Does not record a vote for any office, ballot question, or ballot issue that is overvoted on a ballot cast by an elector; (g) For electronic and electromechanical voting systems using ballot cards, accepts an overvoted or undervoted ballot if the elector chooses to cast the ballot, but it does not record a vote for any office, ballot question, or ballot issue that has been overvoted; (h) In a primary election, permits each elector to vote only for a candidate seeking nomination by the political party with which the elector is affiliated; (i) In a presidential election, permits each elector to vote by a single operation for all presidential electors of a pair of candidates for president and vice president; Colorado Revised Statutes 2019 Page 196 of 513 Uncertified Printout (j) Does not use a device for the piercing of ballots by the elector; (k) Provides a method for write-in voting; (l) Counts votes correctly; (m) Can tabulate the total number of votes for each candidate for each office and the total number of votes for and against each ballot question and ballot issue for the polling location; (n) Can tabulate votes from ballots of different political parties at the same voter service and polling center in a primary election; (o) Can automatically produce vote totals for the polling location in printed form; and (p) Saves and produces the records necessary to audit the operation of the electronic or electromechanical voting system, including a permanent paper record with a manual audit capacity. (2) The permanent paper record produced by the electronic or electromechanical voting system shall be available as an official record for any recount conducted for any election in which the system was used. Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2013: IP(1), (1)(m), (1)(n), and (1)(o) amended, (HB 13-1303), ch. 185, p. 713, § 49, effective May 10. Cross references: (1) For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, the introductory portion to subsection (1) and subsections (1)(m), (1)(n), and (1)(o) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-616. Electronic and electromechanical voting systems - standards - procedures. (1) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., that establish minimum standards for electronic and electromechanical voting systems regarding: (a) Functional requirements; (b) Performance levels; (c) Physical and design characteristics; (d) Documentation requirements; (e) Evaluation criteria; (f) Audit capacity; (g) Security requirements; (h) Telecommunications requirements; and (i) Accessibility. (2) The secretary of state may review the rules adopted pursuant to subsection (1) of this section governing standards for certification of electronic or electromechanical voting systems to determine the adequacy and effectiveness of the rules in assuring that elections achieve the standards established by section 1-1-103. (3) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., to achieve the standards established by section 1-1-103 for the procedures of voting, including Colorado Revised Statutes 2019 Page 197 of 513 Uncertified Printout write-in voting, and of counting, tabulating, and recording votes by electronic or electromechanical voting systems used in this state. (4) The secretary of state shall adapt the standards for certification of electronic or electromechanical voting systems established by rule pursuant to subsection (1) of this section to ensure that new technologies that meet the requirements for such systems are certified in a timely manner and available for selection by political subdivisions and meet user standards. (5) (a) Each designated election official shall establish written procedures to ensure the accuracy and security of voting in the political subdivision and submit the procedures to the secretary of state for review. The secretary of state shall notify the designated election official of the approval or disapproval of the procedures no later than fifteen days after the secretary of state receives the submission. (b) Each designated election official shall submit any revisions to the accuracy and security procedures to the secretary of state no less than sixty days before the first election in which the procedures will be used. The secretary of state shall notify the designated election official of the approval or disapproval of said revisions no later than fifteen days after the secretary of state receives the submission. Source: L. 2004: Entire section added, p. 1349, § 14, effective May 28. L. 2006: (5)(a) amended, p. 2032, § 11, effective June 6. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-617. Examination - testing - certification. (1) (a) After an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5, the voting system provider may submit the system to the secretary of state for certification. (b) The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616. (c) The secretary of state shall decide whether to certify an electronic or electromechanical voting system within one hundred twenty days after the system is submitted for certification. (2) The secretary of state shall appoint one or more experts in the fields of data processing, mechanical engineering, or public administration to assist in the examination and testing of electronic or electromechanical voting systems submitted for certification and to produce a written report on each system. (3) Neither the secretary of state nor any examiner shall have any pecuniary interest in any voting equipment. (4) Within thirty days after deciding to certify an electronic or electromechanical voting system, the secretary of state shall make a report on the system containing a description of the system and its operation, with drawings or photographs showing the system. The secretary of state shall send a notice of certification and a copy of the report to the voting system provider that submitted the system for certification. The secretary of state shall notify the governing bodies of the political subdivisions of the state of the certification and make the notice of certification and report available to them upon request. Colorado Revised Statutes 2019 Page 198 of 513 Uncertified Printout (5) The designated election official of a political subdivision that plans to use an electronic or electromechanical voting system that has been certified in accordance with this section shall apply to the secretary of state for approval of the purchase, installation, and use of the system. The secretary of state shall prescribe the form and procedure of the application by rule adopted in accordance with article 4 of title 24, C.R.S. (6) The secretary of state may provide technical assistance to designated election officials on issues related to the certification of the purchase, installation, and use of electronic and electromechanical voting systems by a political subdivision. Source: L. 2004: Entire section added, p. 1350, § 14, effective May 28. L. 2005: (5) amended, p. 759, § 3, effective June 1. L. 2009: (1)(c) amended, (HB 09-1335), ch. 260, p. 1191, § 6, effective May 15. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-618. Modification of electronic and electromechanical voting systems definition. (1) After an electronic or electromechanical voting system has been certified by the secretary of state, a political subdivision may not adopt any modification of the system until the modification is certified or approved in accordance with the provisions of subsection (1.5) of this section by the secretary of state. A person desiring approval of a modification shall submit a written application for approval to the secretary of state. (1.5) Upon receipt of the written application for approval in accordance with subsection (1) of this section, the secretary of state shall undertake a preliminary examination of the proposed modification. In connection with such preliminary review, the secretary shall determine if the proposed modification may cause adverse effects on the security or accuracy of elections. The secretary shall make the determination within forty-five days after receiving the request. If the secretary, upon completion of his or her preliminary review of the request, determines that the proposed modification will cause significant adverse effects, the modification shall be subject to further review under the provisions of subsection (2) of this section. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes no adverse effects, the secretary shall approve the modification. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes possible adverse effects, the modification shall be subject to further review under the provisions of subsection (4) of this section. Following such additional review, if the secretary determines that any adverse effects of the proposed modification are insignificant, the secretary shall approve the modification. If, however, following such additional review, the secretary determines that the adverse effects of the modification are significant, the modification shall be subject to further review under the provisions of subsection (2) of this section. (2) The requirements for approval of a modified electronic or electromechanical voting system are the same as those prescribed by this part 6 for the initial certification of the system. (3) The secretary of state shall approve the modified electronic or electromechanical voting system by written order if the modified system satisfies the applicable requirements for certification. Colorado Revised Statutes 2019 Page 199 of 513 Uncertified Printout (4) If the secretary of state does not approve the modified design, the secretary of state shall by written order: (a) Invite the applicant to submit additional information in support of the application, submit the modified electronic or electromechanical voting system itself, or both; or (b) Require an examination of the modified electronic or electromechanical voting system by independent examiners. (5) After examining the additional information, the modified electronic or electromechanical voting system, or the report of an independent examiner submitted pursuant to subsection (4) of this section, the secretary of state shall approve the modified system by written order if the system satisfies the applicable requirements for certification. (6) If a modification to a certified electronic or electromechanical voting system does not satisfy the applicable requirements for certification, the secretary of state shall suspend the sale of the system in this state until the system satisfies the requirements for certification. (7) For purposes of this section, "modification" means a revision or a new release of an electronic or electromechanical voting system. Source: L. 2004: Entire section added, p. 1351, § 14, effective May 28. L. 2009: (1) amended and (1.5) added, (HB 09-1335), ch. 260, p. 1192, § 7, effective May 15. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-619. Temporary use of electronic and electromechanical voting systems. (1) After an electronic or electromechanical voting system has been tested in accordance with section 1-5-608.5 but has not yet been certified by the secretary of state, a voting system provider or designated election official may apply to the secretary of state for temporary approval of the system. (2) The secretary of state shall, by rule adopted in accordance with article 4 of title 24, C.R.S., establish standards and procedures for temporary approval of electronic and electromechanical voting systems. (3) An electronic or electromechanical voting system may be temporarily approved for a total of no more than one year, and the secretary of state may revoke such approval at any time. Temporary approval of a system shall not supersede the certification requirements of this part 6. (4) A temporarily approved electronic or electromechanical voting system may not be used in any election without the written authorization of the secretary of state. (5) A designated election official may enter into a contract to rent or lease a temporarily approved electronic or electromechanical voting system for a specific election with the approval of the secretary of state. A political subdivision shall not acquire title to a temporarily approved system. (6) The use of a temporarily approved electronic or electromechanical voting system shall be valid for all purposes. Source: L. 2004: Entire section added, p. 1351, § 14, effective May 28. Colorado Revised Statutes 2019 Page 200 of 513 Uncertified Printout Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-620. Electronic or electromechanical voting system information - software. When a political subdivision purchases or adopts an electronic or electromechanical voting system, the vendor of the system shall send to the secretary of state copies of the software user and operator manuals, and any other information, specifications, or documentation required by the secretary of state relating to a certified system and its equipment. Any such information or materials that are not on file with and approved by the secretary of state, including any updated or modified materials, shall not be used in an election. Source: L. 2004: Entire section added, p. 1352, § 14, effective May 28. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-621. Compliance - definitions. (1) Notwithstanding any provision of law to the contrary, upon filing of a complaint, the secretary of state shall investigate the complaint and may review or inspect the electronic or electromechanical voting system of a political subdivision at any time, including election day, to determine whether the system complies with the applicable requirements of this part 6 or deviates from a certified system. (2) A voting system provider or a designated election official using an electronic or electromechanical voting system shall give notice to the secretary of state within twenty-four hours of a malfunction of its system in preparation for or during an election. The notice may be verbal or in writing. For purposes of this section, "malfunction" means a deviation from a correct value in a voting system. (3) Upon receipt of the notice sent pursuant to subsection (2) of this section, the secretary of state shall determine whether further information on the malfunction is required. At the written or verbal request of the secretary of state, the voting system provider or designated election official shall submit a report to the secretary of state's office describing the reprogramming or other actions necessary to correct the malfunction of the electronic or electromechanical voting system. The report shall indicate whether permanent changes are necessary to prevent similar malfunctions in the future. The report shall be submitted within thirty days after the date of the request by the secretary of state. Failure to submit the report within the required period shall be grounds to decertify the system. A copy of the report shall be attached to the most recent certification of the system on file in the secretary of state's office. The secretary of state shall distribute a copy of the report to all political subdivisions that use the system. (4) If the secretary of state determines after inspecting an electronic or electromechanical voting system or reviewing the report submitted pursuant to subsection (3) of this section that the system does not comply with applicable standards or deviates from a certified system, the secretary shall by written order: (a) Specify actions to remedy the defect in the electronic or electromechanical voting system and direct the designated election official or voting system provider, as appropriate, to perform such actions; Colorado Revised Statutes 2019 Page 201 of 513 Uncertified Printout (b) Prohibit the use of the electronic or electromechanical voting system or any part of the system by a political subdivision that adopted the system for use in an election until the actions to remedy the defect are performed and approved by the secretary of state; (c) Limit the use of the electronic or electromechanical voting system or any part of the system to circumstances or conditions stated in the order; or (d) Decertify the electronic or electromechanical voting system. (5) Upon decertification of an electronic or electromechanical voting system, the secretary of state shall notify all political subdivisions that use the system and the providers of the system that the certification of the system for use and sale in this state is withdrawn. The notice shall be in writing and shall indicate the reasons for the decertification of the system and the effective date of the decertification. (6) Within thirty days after receiving notice from the secretary of state of the decertification of an electronic or electromechanical voting system, a political subdivision or provider of a voting system that is decertified may request in writing that the secretary of state reconsider its decision to decertify the electronic or electromechanical voting system. Upon receipt of the request, the secretary of state shall hold a public hearing to reconsider the decision to decertify the system. Any interested party may submit testimony or documentation in support of or in opposition to the decision to decertify the system. Following the hearing, the secretary of state may affirm or reverse the decision. (7) The secretary of state shall amend or rescind an order issued under this section if the secretary of state determines that the electronic or electromechanical voting system has been modified to comply with applicable standards or no longer deviates from the certified system. Source: L. 2004: Entire section added, p. 1352, § 14, effective May 28. Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-622. (Repealed) Special rules applicable to 2007 retesting of voting systems - repeal. Source: L. 2008: Entire section added, p. 3, § 1, effective February 11. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 3.) 1-5-623. Special rules applicable to use, modification, or purchase of electronic voting devices or systems and related components prior to 2014 - legislative declaration rules. (1) (a) The general assembly hereby finds and declares that, over the past decade, voting technology used in the state has undergone dramatic changes, creating confusion and difficulties for election administrators, state government, and the voting public. Efforts to address this confusion have been complicated by the timing of periodic substantial investments in voting technology by county governments necessitated by changes in federal and state law. (b) Now, therefore, by enacting this section, the general assembly intends that: Colorado Revised Statutes 2019 Page 202 of 513 Uncertified Printout (I) Between May 15, 2009, and the 2014 general election, any voting system purchased by a political subdivision shall be a paper-based voting system as defined in section 1-1-104 (23.5); (II) The acquisition of electronic voting systems be suspended in order to assess existing and emerging voting technologies; and (III) Substantial investment by political subdivisions before the 2014 general election in alternate technologies that will frustrate the intent of the general assembly as specified in paragraph (a) of this subsection (1) is discouraged and disfavored. (2) Notwithstanding any other provision of this part 6, any existing electronic voting device or any related component of the device that was used by a political subdivision in conducting the 2008 general election may continue to be used by the political subdivision on and after May 15, 2009, as long as the device or component is used in accordance with either the conditions of use under which the device or component was originally certified for the 2008 general election or in accordance with alternate conditions of use established by the secretary of state. (3) (a) Notwithstanding any other provision of law, on and after May 15, 2009, no political subdivision may purchase a new electronic voting device or system or any related component of such device or system without obtaining the prior approval of the secretary of state for such purchase in accordance with the requirements of this subsection (3). (b) Subject to the requirements of paragraph (a) of this subsection (3), if a political subdivision desires to purchase a new electronic voting device or system or any related component of such device or system, the political subdivision shall submit a written application to the secretary of state for approval of the purchase. The application shall be made by means of any forms or procedures established by the secretary. Within three business days of receiving the application, the secretary shall grant or deny the application. In reviewing the application, the secretary shall consider, among other relevant factors, the total effect of the purchase at issue in light of other purchases by the political subdivision on voting systems or components of such systems on or after May 15, 2009, and the needs of the political subdivision. In making the determination, the secretary shall prevent political subdivisions from making substantial investments in alternate technologies that will frustrate the intent of the general assembly as specified in subsection (1) of this section and shall consider, among other relevant factors: (I) Whether the purchase is intended to replace damaged or defective equipment or to accommodate an increase in population in the political subdivision; (II) Whether the purchase requires a new contract or agreement that would be entered into by the political subdivision and one or more vendors; and (III) A comparison of the purchase under review with the average capital expenditures by the political subdivision on the administration of elections on an annual basis for the four consecutive years prior to the year in which the application is submitted in order to discourage an investment in technology with a limited useful life in accordance with the intent of the general assembly as specified in subsection (1) of this section. (4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to specify permissible conditions of use governing electronic voting devices or systems or related components of such devices or systems in accordance with the requirements of this part 6. Colorado Revised Statutes 2019 Page 203 of 513 Uncertified Printout Source: L. 2009: Entire section added, (HB 09-1335), ch. 260, p. 1192, § 8, effective May 15. PART 7 ACCESSIBILITY FOR ELECTORS WITH DISABILITIES Cross references: For the legislative declaration contained in the 2004 act enacting this part 7, see section 1 of chapter 334, Session Laws of Colorado 2004. 1-5-701. Legislative declaration - federal funds. (1) The general assembly hereby finds and declares that: (a) It is the intent of the general assembly that all state requirements should meet or exceed the minimum federal requirements for accessibility of voting systems and polling locations to persons with disabilities. (b) All state laws, rules, standards, and codes governing voting systems and polling location accessibility shall be maintained to ensure that the state is eligible for federal funds. Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 713, § 50, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-702. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Accessible voter interface device" means a device that communicates voting instructions and the information on the ballot to an elector and allows the elector to select and vote for candidates, ballot questions, and ballot issues in accordance with the standards in section 1-5-704. A ballot marking device may be considered an accessible voter interface device. (2) "Alternative formats" has the same meaning ascribed in the federal "Americans with Disabilities Act of 1990", as amended, (Pub.L. 101-336), codified at 42 U.S.C. sec. 12101 et seq., including specifically the technical assistance manuals promulgated thereunder. (2.5) "Ballot marking device" means a device that allows an elector to mark a ballot card used in an electromechanical voting system and that meets the standards in section 1-5-704 (1)(o). (3) "Tactile input device" means a device such as a keyboard with which an elector provides information to a voting system by touching the device. Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2007: (1) amended and (2.5) added, p. 1975, § 18, effective August 3. 1-5-703. Accessibility of polling locations to persons with disabilities. (1) Each polling location shall comply fully with the current "ADA standards for accessible design" set forth in 28 CFR 36 and promulgated in accordance with the federal "Americans with Disabilities Colorado Revised Statutes 2019 Page 204 of 513 Uncertified Printout Act of 1990", as amended, 42 U.S.C. sec. 12101 et seq., and no barrier shall impede the path of electors with disabilities to the voting booth. (2) Emergency polling locations are exempt from compliance with this section. (3) Except as otherwise provided in subsection (2) of this section, a designated election official shall only select as polling locations such sites that meet the standards of accessibility set forth in subsection (1) of this section. (4) Before selecting polling locations, the designated election official shall submit to the secretary of state an accessibility survey in the form prescribed by the secretary of state identifying the criteria for selecting accessible polling locations and applying the criteria to proposed polling locations. Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 714, § 51, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-704. Standards for accessible voting systems. (1) Notwithstanding any other provision of this article, each voting system certified by the secretary of state for use in local, state, and federal elections shall have the capability to accept accessible voter interface devices in the voting system configuration to allow the voting system to meet the following minimum standards: (a) The voting system shall provide a tactile input or audio input device, or both. (b) The voting system shall provide a method by which electors can confirm any tactile or audio input by audio output using synthetic or recorded human speech. (c) Any operable controls on the input device that are needed by electors who are visually impaired shall be indicated in braille or otherwise discernible tactilely without actuating the keys. (d) Devices providing audio and visual access shall be able to work both separately and simultaneously. (e) If a nonaudio access approach is provided, the voting system may not require color perception. The voting system shall use black text or graphics, or both, on white background or white text or graphics, or both, on black background, unless the secretary of state approves other high-contrast color combinations that do not require color perception. (f) Any voting system that requires any visual perception shall allow the font size as it appears to the voter to be set from a minimum of fourteen points to a maximum of twenty-four points before the voting system is delivered to the polling location. (g) The voting system shall provide audio information, including any audio output using synthetic or recorded human speech or any auditory feedback tones that are important for the use of the audio approach, through at least one mode, by handset or headset, at high volume and shall provide incremental volume control with output amplification up to a level of at least ninety-seven decibel sound pressure level. Colorado Revised Statutes 2019 Page 205 of 513 Uncertified Printout (h) For voice signals transmitted to the elector, the voting system shall provide a gain adjustable up to a minimum of twenty decibels with at least one intermediate step of twelve decibels. (i) If the voting system can exceed one hundred twenty decibel sound pressure level, a mechanism shall be included to reset the volume automatically to the voting system's default volume level after every use, such as when the handset is replaced, but not before. Universal precautions in the use and sharing of headsets should be followed. (j) If sound cues and audible information such as "beeps" are used, simultaneous corresponding visual cues and information shall be provided. (k) Controls and mechanisms shall be operable with one hand, including with a closed fist, and operable without tight grasping, pinching, or twisting of the wrist. (l) The force required to operate or activate the controls may not exceed five pounds of force. (m) Voting booths shall have voting controls at a minimum height of thirty-six inches above the finished floor with a minimum knee clearance of twenty-seven inches high, thirty inches wide, and nineteen inches deep, or the accessible voter interface devices shall be designed so as to allow their use on top of a table to meet such requirements. Tabletop installations shall ensure adequate privacy. (n) Audio ballots shall meet the following standards: (I) After the initial instruction from an election official, the elector shall be able to independently operate the voter interface device through the final step of casting a ballot without assistance. (II) The elector shall be able to determine the offices for which the elector is allowed to vote and to determine the candidates for each office. (III) The elector shall be able to determine how many candidates may be selected for each office. (IV) The elector shall have the ability to verify that the physical or vocal inputs given to the voting system have selected the candidates that the elector intended to select. (V) The elector shall be able to review the candidate selections that the elector has made. (VI) Before casting the ballot, the elector shall have the opportunity to change any selections previously made and confirm a new selection. (VII) The voting system shall communicate to the elector the fact that the elector has failed to vote for an office or has failed to vote the number of allowable candidates for an office and require the elector to confirm his or her intent to undervote before casting the ballot. (VIII) The voting system shall warn the elector of the consequences of overvoting for an office. (IX) The elector shall have the opportunity to input a candidate's name for each office that allows a write-in candidate. (X) The elector shall have the opportunity to review the elector's write-in input to the voter interface device, edit that input, and confirm that the edits meet the elector's intent. (XI) The voting system shall require a clear, identifiable action from the elector to cast the ballot. The voting system shall explain to the elector how to take this action so that the elector has minimal risk of taking the action accidentally, but when the elector intends to cast the ballot, the action can be easily performed. Colorado Revised Statutes 2019 Page 206 of 513 Uncertified Printout (XII) After the ballot is cast, the voting system shall confirm to the elector that the ballot has been cast and the elector's process of voting is complete. (XIII) After the ballot is cast, the voting system shall prevent the elector from modifying the ballot cast or voting another ballot. (o) Ballot marking devices shall meet the following standards: (I) The elector shall be able simultaneously to view ballot choices on a high-resolution visual display and to listen to ballot choices with headphones. (II) The elector shall be able to listen to ballot choices in complete privacy and to turn off the visual display. (III) The ballot marking device shall have multiple output connections to accommodate various headsets so that the elector is able to use the headset provided with the ballot marking device or his or her own headset. (IV) The elector shall be able to mark the ballot card in complete independence and in accordance with federal and state law on mandatory accessibility for persons with disabilities. (V) The ballot marking device shall allow a blind or visually impaired elector to vote in complete privacy. (VI) The ballot marking device shall have a completely integrated input keypad containing commonly accepted voter accessibility keys with Braille markings. (VII) The elector shall be able to enter ballot choices using an assistive device, including but not limited to a sip and puff device and a jelly switch. (VIII) The elector shall be able to magnify the ballot choices on the visual display and to adjust the volume and speed of the audio output. (IX) The ballot marking device shall have multiple language capability. (X) The elector shall have the opportunity to input a candidate's name for each office that allows a write-in candidate and to review the elector's write-in input, edit that input, and confirm that the edits meet the elector's intent. (XI) The elector shall be able independently to review all ballot choices and make corrections before the ballot card is marked, including by receiving a replacement ballot if the elector is otherwise unable to change the ballot or correct an error. (XII) The elector shall be able to verify, visually or using the audio interface, that the ballot card inserted into the device at the start of voting is blank and that the marked ballot card produced by the ballot marking device is marked as the elector intended. (XIII) The ballot marking device shall alert the elector before the ballot is marked that the elector has made an overvote, as defined in section 1-1-104 (23.4), or an undervote, as defined in section 1-1-104 (49.7), and allow the elector to make corrections. Source: L. 2004: Entire part added, p. 1355, § 15, effective May 28. L. 2007: (1)(o) added, p. 1975, § 19, effective August 3. L. 2013: (1)(f) amended, (HB 13-1303), ch. 185, p. 714, § 52, effective May 10. Cross references: In 2013, subsection (1)(f) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 207 of 513 Uncertified Printout 1-5-705. Accessible voter interface devices - minimum requirement. A voting system must include at least one direct recording electronic voting system specially equipped for individuals with disabilities or other accessible voter interface device installed at each polling location that meets the requirements of this section. Source: L. 2004: Entire part added, p. 1357, § 15, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 14, effective May 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 715, § 53, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-5-706. Ballot access for voters with a disability. (1) The secretary of state shall establish procedures to enable a voter with a disability to independently and privately mark a ballot or use an electronic voting device that produces a paper record using nonvisual access, low-vision access, or other assistive technology in order for the voter to vote in a mail ballot election pursuant to article 7.5 of this title 1. The procedures shall include a method, to be determined by the secretary of state, by which a voter with a disability may request such a ballot. (2) (a) A voter with a disability who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose electronic mail delivery or, if offered by the voter's jurisdiction, other electronic means. The designated election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter. (b) If a ballot application from a voter with a disability arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter within seventy-two hours after the receipt of the application. (c) A voter with a disability who receives a ballot pursuant to this subsection (2) must print the ballot sent by electronic transmission and such ballot must be received by the election official in the applicable jurisdiction before the close of polls on the day of the election. Source: L. 2019: Entire section added, (SB 19-202), ch. 327, p. 3038, § 1, effective August 2. PART 8 VOTER-VERIFIED PAPER RECORD 1-5-801. Acquisition of voting systems - voter-verified paper record. (1) On and after June 6, 2005, a political subdivision shall not acquire a voting system unless the voting system is capable of producing a voter-verified paper record of each elector's vote. (2) A political subdivision shall not acquire a voting device that has been retrofitted to comply with this part 8 unless the voting device has been certified by the secretary of state. Colorado Revised Statutes 2019 Page 208 of 513 Uncertified Printout Source: L. 2005: Entire part added, p. 1402, § 22, effective June 6; entire part added, p. 1438, § 22, effective June 6. L. 2009: (2) amended, (HB 09-1335), ch. 260, p. 1194, § 9, effective May 15. 1-5-802. Use of voting systems - voter-verified paper record. (1) In addition to the other requirements of this article, the voting system used in each primary, general, coordinated, or congressional district vacancy election held in the state on and after January 1, 2010, shall have the capability to produce a voter-verifiable paper record of each elector's vote. Before an elector's vote is cast, the elector shall have the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the elector's choices. Any political subdivision that has not complied with the provisions of this section on or before January 1, 2009, shall comply with such provisions by January 1, 2014. (2) The requirements of subsection (1) of this section shall apply to each primary, general, coordinated, or congressional district vacancy election conducted by a county clerk and recorder on and after January 1, 2008, if the governing body of the county determines that: (a) The technology necessary to comply with the requirements of subsection (1) of this section is available; and (b) (I) Sufficient federal or state funds are available to acquire or retrofit voting devices that comply with the requirements of subsection (1) of this section; or (II) It is otherwise financially feasible for the county to comply with the requirements of subsection (1) of this section. (3) Upon satisfaction by a county of the requirements of this section, the voter-verified paper record of each eligible elector's vote, whether filled out by hand or produced by a voting machine or ballot marking device, shall be preserved as an election record pursuant to section 17-802 and shall constitute an official record of the election. (4) No voting device shall be remotely accessed or remotely accessible until after the close of voting and a results total tape has been printed, as applicable. Source: L. 2005: Entire part added, p. 1403, § 22, effective June 6; entire part added, p. 1438, § 22, effective June 6. L. 2009: (1) amended, (HB 09-1335), ch. 260, p. 1194, § 10, effective May 15. ARTICLE 5.5 Internet-based Voting Pilot Program for Absent Uniformed Services Electors 1-5.5-101. Pilot program - internet voting system - absent uniformed services elector - secretary of state - fund - rules. (1) The secretary of state, in coordination with the county clerk and recorders, shall develop an internet-based voting pilot program to facilitate voting by absent uniformed services electors serving outside the United States commencing with the general election held in 2012. The secretary of state shall select one or more political subdivisions to participate in the pilot program. The internet-based voting system developed for use by political subdivisions that participate in the pilot program shall: (a) Transmit encrypted information over a secure network; Colorado Revised Statutes 2019 Page 209 of 513 Uncertified Printout (b) Provide for secure identification and authentication of: (I) Any information transmitted on the system; and (II) Each designated or coordinated election official of a county or political subdivision and the servers of such officials and all other related electronic equipment being used by the secretary of state and each official in the conduct of elections via the internet; (c) Protect the privacy, anonymity, and integrity of each elector's ballot; (d) Prevent the casting of multiple ballots via the internet in an election by each elector; (e) Provide protection against abuse, including tampering, fraudulent use, and illegal manipulation by electors, election officials, or any other individual or group; and (f) Provide uninterrupted and reliable internet availability for the purpose of casting votes via the internet by the electors. (2) The secretary of state shall implement the internet-based voting system so that each designated or coordinated election official of a county or other political subdivision participating in the pilot program shall: (a) Assure that each absent uniformed services elector serving outside the United States who logs in to vote via the internet is eligible and registered to vote; (b) Verify that each elector who logs in to vote via the internet is the same person who is registered and qualified to vote; (c) Verify that the votes of the electors transmitted to the election officials via the internet are private and secure and have not been viewed or altered by sites that lie between the voting location and the vote-counting destination; (d) Verify that all votes cast via the internet by electors were cast by 7 p.m. mountain standard time on the day of the election; and (e) Verify that all votes cast via the internet by electors were indeed counted and attributed correctly to the elector who cast the vote. (3) The secretary of state may by rule promulgated in accordance with article 4 of title 24, C.R.S., establish procedures necessary to implement this article. (4) There is hereby created in the state treasury the internet-based voting pilot program fund to provide for the direct and indirect costs associated with implementing this article. The fund consists of any moneys appropriated by the general assembly to the fund and any gifts, grants, and donations to the fund from private or public sources for the purposes of this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund. Moneys in the fund shall be subject to annual appropriation by the general assembly to the department of state for the purposes specified in this article. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund. (5) Repealed. Source: L. 2009: Entire article added, (HB 09-1205), ch. 383, p. 2078, § 2, effective August 5. L. 2012: IP(1) and (4) amended and (5) repealed, (SB 12-062), ch. 97, p. 326, § 2, effective April 12. ARTICLE 6 Colorado Revised Statutes 2019 Page 210 of 513 Uncertified Printout Election Judges Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. 1-6-101. Qualifications for election judges - student election judges - definition legislative declaration. (1) As used in this article, "election judge" means a registered elector appointed by the county clerk and recorder or designated elected official to perform the election duties assigned by the county clerk and recorder or designated election official. As used in this article, "election judge" also includes a student election judge appointed pursuant to the provisions of subsection (7) of this section. (2) The persons appointed as election judges, except for persons appointed as student election judges pursuant to the provisions of subsection (7) of this section, shall certify in writing that they meet the following qualifications: (a) They are registered electors of the state and are willing to serve; (b) They are physically and mentally able to perform and complete the assigned tasks; (c) They will attend a class of instruction concerning the tasks of an election judge prior to each election; (d) They have never been convicted of election fraud, any other election offense, or fraud; and (e) They are neither a candidate whose name appears on the ballot in the precinct that they are appointed to serve nor a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve. (3) With regard to any nonpartisan election that is not coordinated by the county clerk and recorder, the election judge shall be a registered elector of the political subdivision for which the election is being held. If enough registered electors of the political subdivision are not available, then the appointing authority may appoint election judges who are registered electors of the state. (4) Before serving as an election judge, any person recommended as an election judge in accordance with section 1-6-102, 1-6-103, 1-6-103.5, or 1-6-103.7 shall complete and file an acceptance form with the county clerk and recorder or other designated election official as provided in section 1-6-106. The acceptance forms may be kept on file with the county clerk and recorder or other designated election official for up to two years from the date of signing the acceptance form. (5) The county clerk and recorder or the designated election official shall hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the task of a supervisor judge not more than sixty days prior to each election. Colorado Revised Statutes 2019 Page 211 of 513 Uncertified Printout (6) Each person appointed as an election judge shall be required to attend one class of instruction prior to the first election in an election cycle in which the person will serve as an election judge. The county clerk and recorder or other designated election official may require a person appointed as an election judge to attend more than one class of instruction in an election cycle. (7) (a) The general assembly hereby finds and declares that, in order to promote a greater awareness among young people concerning the electoral process, the rights and responsibilities of voters, and the importance of citizen participation in public affairs, as well as to provide additional qualified individuals willing and able to assist with the electoral process, qualified students may be allowed to serve as student election judges. Therefore, it is the intent of the general assembly in enacting this subsection (7) to authorize designated election officials to appoint qualified students to serve as election judges in conformity with this section. (b) As used in this article, "student election judge" means a student who meets the requirements of this subsection (7) and who is appointed by a designated election official for service as an election judge pursuant to this section. (c) The designated election officials may work with school districts and public or private secondary educational institutions to identify students willing and able to serve as student election judges. Such school districts or educational institutions may submit the names of the students to the designated election official of the jurisdiction in which the school district or educational institution is located for appointment as student election judges. Home-schooled students may apply to the designated election official for appointment as a student election judge pursuant to this section. From among the names submitted, the designated election officials may select students to serve as student election judges who meet the following qualifications: (I) They are a United States citizen or will be a citizen at the time of the election to which the student is serving as a student election judge; (II) They are willing to serve; (III) They are physically and mentally able to perform and complete the assigned tasks; (IV) They will attend a class of instruction concerning the tasks of an election judge prior to each election; (V) They have never been convicted of election fraud, any other election offense, or fraud; (VI) They are not a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve; (VII) They are sixteen years of age or older and either a junior or senior in good standing attending a public or private secondary educational institution or being home-schooled at the time of the election to which the student is serving as a student election judge; and (VIII) Their parent or legal guardian has consented to their service as a student election judge. Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993. L. 93: IP(1) amended and (3) and (4) added, p. 1414, § 58, effective July 1. L. 96: (1)(d) and (2) amended, p. 1744, § 38, effective July 1. L. 98: Entire section amended, p. 574, § 1, effective April 30. L. 2000: (1) and IP(2) amended and (7) added, p. 1333, § 1, effective July 1. L. 2002: (4) and (6) amended, p. 1631, § 8, effective June 7. L. 2005: (5) amended, p. 1403, § 23, effective June 6; Colorado Revised Statutes 2019 Page 212 of 513 Uncertified Printout (5) amended, p. 1438, § 23, effective June 6. L. 2007: (5) amended, p. 1977, § 20, effective August 3. L. 2012: (7)(a), (7)(b), and IP(7)(c) amended, (HB 12-1292), ch. 181, p. 683, § 23, effective May 17. L. 2013: (2)(e), (5), and (7)(c)(VI) amended, (HB 13-1303), ch. 185, p. 715, § 54, effective May 10. L. 2018: (2)(a) and (5) amended, (SB 18-233), ch. 262, p. 1608, § 14, effective May 29. Cross references: (1) For transferring names of electors when precinct boundaries changed, see § 1-2-223; for the power of the board of county commissioners to form new precincts, change the names of precincts, or reduce the numbers of precincts, see § 30-11-114. (2) In 2013, subsections (2)(e), (5), and (7)(c)(VI) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-6-102. List furnished by precinct committeepersons. (1) No later than ten days after the precinct caucus in even-numbered years, the committeepersons of each precinct from each major political party shall submit to the county chairpersons of their respective political parties a list that was initiated at the precinct caucus and that recommends registered electors as election judges. The registered electors recommended as election judges must reside in the precinct and have a current affiliation with the political party that held the precinct caucus. (2) If there is no county chairperson, the committeeperson of each precinct shall submit the list that was initiated at the precinct caucus and that recommends registered electors as election judges directly to the county clerk and recorder. If a precinct has no committeeperson, the district captain, if any, shall submit the list of recommended election judges to the county chairperson or county clerk and recorder, as appropriate. Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 575, § 2, effective April 30. Editor's note: This section is similar to former § 1-5-106 as it existed prior to 1992. 1-6-103. Recommendations by county chairperson. (1) (a) No later than the last Tuesday of April in even-numbered years, the county chairperson of each major political party in the county shall certify to the county clerk and recorder the names and addresses of registered electors recommended to serve as election judges for each precinct in the county. (b) Repealed. (2) The county chairperson, or, if there is no county chairperson, the committeepersons who submitted the list of registered electors in accordance with section 1-6-102 (2) shall designate the order of preference of the names of the registered electors recommended to serve as election judges for each precinct. The county clerk and recorder shall select election judges from each precinct list in the county chairperson's, or, if there is no county chairperson, the committeeperson's, order of preference. (3) In recommending registered electors as election judges, the county chairperson may select only names from the list submitted by the precinct committeepersons. However, the county chairperson may recommend additional registered electors to the county clerk and Colorado Revised Statutes 2019 Page 213 of 513 Uncertified Printout recorder if the precinct committeepersons do not provide enough names to the county chairperson. (4) and (5) (Deleted by amendment, L. 98, p. 576, § 3, effective April 30, 1998.) Source: L. 92: Entire article R&RE, p. 724, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 576, § 3, effective April 30. L. 2002: (1) amended, p. 134, § 6, effective March 27. Editor's note: (1) This section is similar to former § 1-5-107 as it existed prior to 1992. (2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2002. (See L. 2002, p. 134.) 1-6-103.5. Recommendations by minor political parties. No later than sixty days before a primary or general election, the county chairperson or other authorized official of a minor political party may certify to the county clerk and recorder an initial list of the names and addresses of registered electors recommended to serve as election judges in the county. If the list contains more than one name, the order of preference must be indicated. The county clerk and recorder shall select election judges from the party according to such order of preference, if indicated. Source: L. 2002: Entire section added, p. 1631, § 9, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1608, § 15, effective May 29. 1-6-103.7. Unaffiliated voters - self-nomination. No later than sixty days before a primary or general election, any registered elector who is unaffiliated with a political party or political organization may give notice in writing to the clerk and recorder of the county in which such elector resides offering to serve as an election judge and stating that the elector is a registered elector and is unaffiliated with any political party or political organization. Source: L. 2002: Entire section added, p. 1631, § 9, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1609, § 16, effective May 29. 1-6-104. Appointment of election judges by county clerk and recorder and designated election officials. (1) For each election coordinated by the county clerk and recorder, the county clerk and recorder shall appoint election judges for each location where election activities are occurring. (2) The county clerk and recorder may appoint an election judge to serve in a county other than the county in which the election judge resides. (3) If, at the time the county clerk and recorder appoints election judges, the list of recommended election judges submitted in accordance with section 1-6-102 contains an insufficient number of names for a major political party's share of the total number of election judges as required in section 1-6-109, the designated election official shall appoint any additional election judges necessary from among the persons recommended by minor political parties in accordance with section 1-6-103.5 and the unaffiliated voters who have offered to serve as election judges in accordance with section 1-6-103.7. Colorado Revised Statutes 2019 Page 214 of 513 Uncertified Printout (4) For each election coordinated by the county clerk and recorder, the county clerk and recorder may appoint one or more student election judges that satisfy the requirements contained in section 1-6-101 (7) to serve as an election judge, and shall designate the locations where election activities are occurring in which the student election judge shall serve based upon the number of qualified students and vacancies in the number of available positions for election judges throughout the county. Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 576, § 4, effective April 30. L. 99: (3) amended, p. 161, § 13, effective August 4. L. 2000: (4) added, p. 1334, § 2, effective July 1. L. 2002: (3) amended, p. 1632, § 10, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1609, § 17, effective May 29. Editor's note: This section is similar to former § 1-5-101 as it existed prior to 1992. Cross references: For removal of election judges, see §§ 1-6-119 and 1-6-120. 1-6-105. Appointment of election judges for elections not coordinated by county clerk and recorder. (1) Except as provided for special district elections in subsection (1.5) of this section, no later than forty-five days before the regular election, the governing body with authority to call elections shall appoint election judges for the political subdivision. The term of office of election judges shall be two years from the date of appointment. (1.5) No later than forty-five days before a regular special district election, the designated election official shall appoint election judges for the special district unless otherwise directed by the board of directors of such district. (2) Any person who has been appointed by a county clerk and recorder and meets the qualifications as prescribed in section 1-6-101 may be appointed as an election judge for elections not coordinated by the county clerk and recorder. Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 577, § 5, effective April 30. L. 99: (1) amended and (1.5) added, p. 451, § 7, effective August 4. Editor's note: This section is similar to former § 1-5-101 as it existed prior to 1992. 1-6-106. Confirmation and acceptance of election judge appointment. (1) The designated election official shall confirm the appointments of election judges by mailing each appointed election judge a certification of appointment and an acceptance form. (2) The acceptance form shall contain: (a) The statement of qualifications as prescribed in section 1-6-101; and (b) A statement that, if the person appointed as an election judge either fails to file the acceptance form within seven days after the certification of appointment and acceptance form are mailed or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created. Colorado Revised Statutes 2019 Page 215 of 513 Uncertified Printout (3) Each person appointed as an election judge shall file an acceptance form in the office of the designated election official within seven days after the certification of appointment and acceptance form have been mailed. If a person appointed as an election judge fails to file the acceptance form as described in subsection (2) of this section or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created. Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 577, § 6, effective April 30. Editor's note: This section is similar to former § 1-5-108 as it existed prior to 1992. 1-6-107. (Repealed) Acceptances - school of instruction - appointment of supply judge. Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 19, effective April 30. 1-6-108. Lists of election judges. (1) The designated election official shall make and maintain a master list of election judges who have filed an acceptance form in accordance with section 1-6-101 (4). The master list shall include the name, affiliation, and precinct number of each election judge who has filed an acceptance form, including whether such judge is unaffiliated, affiliated with a minor political party, or affiliated with a qualified political organization. (2) Any person may obtain, upon written request and payment of the appropriate fee, an exact copy of the list of county election judges from the county clerk and recorder. Source: L. 92: Entire article R&RE, p. 726, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 578, § 7, effective April 30. L. 99: (1) amended, p. 161, § 14, effective August 4. Editor's note: This section is similar to former § 1-5-108 as it existed prior to 1992. 1-6-109. Party affiliation of election judges in partisan elections - definition. (1) For partisan elections in voter service and polling centers that have an even number of election judges, each major political party is entitled to one-half of the number of election judges. (2) For partisan elections in voter service and polling centers that have an odd number of election judges, one major political party is entitled to the extra election judge in one-half of the voter service and polling centers, as determined by the county clerk and recorder, and the other major political party is entitled to the extra election judge in the other one-half of the voter service and polling centers, as determined by the county clerk and recorder. (3) If an odd number of voter service and polling centers exist, the county clerk and recorder shall determine which major political party is entitled to any extra election judge. The county clerk and recorder shall make this determination either by mutual agreement of both of the major political parties or, if the two major political parties cannot agree, by lot. Colorado Revised Statutes 2019 Page 216 of 513 Uncertified Printout (4) and (5) Repealed. Source: L. 92: Entire article R&RE, p. 726, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 578, § 8, effective April 30. L. 2002: (4) repealed, p. 1642, § 39, effective June 7. L. 2012: (5) added, (HB 12-1292), ch. 181, p. 684, § 24, effective May 17. L. 2018: (1), (2), and (3) amended, (SB 18-233), ch. 262, p. 1610, § 18, effective May 29. Editor's note: (1) This section is similar to former § 1-5-102 as it existed prior to 1992. (2) Subsection (5)(b) provided for the repeal of subsection (5), effective January 1, 2015. (See L. 2012, p. 684.) 1-6-109.5. Appointment and duties of supervisor judge - definition. (1) The designated election official shall appoint at least one election judge in each voter service and polling center as supervisor judge. To the extent possible, supervisor judges must be from a major political party, and if more than one supervisor judge is serving at a voter service and polling center, the judges must be of different political party affiliations. The designated election official shall notify the supervisor judge of the appointment. (2) For partisan elections, each major political party is entitled to one-half of the total number of supervisor judges appointed. If an odd number of supervisor judges is appointed, the county clerk and recorder shall determine which major political party is entitled to the one extra supervisor judge. The county clerk and recorder makes this determination by the mutual agreement of the two major political parties or, if the two major political parties cannot agree, by lot. (3) Prior to the election, the supervisor judge shall attend a special school of instruction held by the designated election official. (4) (a) The supervisor judge shall coordinate the conduct of the election in the polling location. For nonpartisan elections, the supervisor judge's responsibilities include receiving election supplies and equipment from the designated election official; delivering election supplies and equipment to the polling location, and returning all election supplies, election equipment, and ballots to the designated election official once the election is concluded. (b) For partisan elections, the county clerk and recorder may deputize a courier to return the election supplies, election equipment, and ballots to the county clerk and recorder once the election is concluded. If the county clerk and recorder does not deputize a courier, the supervisor judge and a second election judge from the voter service and polling center shall return the election supplies, election equipment, and the ballots to the county clerk and recorder. The second election judge is selected by the election judges in the voter service and polling center other than the supervisor judge and must have a political affiliation different than the supervisor judge. (5) Repealed. Source: L. 98: Entire section added, p. 579, § 9, effective April 30. L. 2012: (5) added, (HB 12-1292), ch. 181, p. 684, § 25, effective May 17. L. 2013: (1), (2), (3), and (4) amended, (HB 13-1303), ch. 185, p. 716, § 55, effective May 10. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1610, § 19, effective May 29. Colorado Revised Statutes 2019 Page 217 of 513 Uncertified Printout Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective January 1, 2015. (See L. 2012, p. 684.) Cross references: In 2013, subsections (1), (2), (3), and (4) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-6-110. Judges at primary elections. (Repealed) Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 20, effective April 30. 1-6-111. Number of election judges. (1) For partisan elections, the county clerk and recorder shall appoint at least three election judges to serve as judges for each voter service and polling center to perform the designated functions, one of whom may be a student election judge appointed pursuant to section 1-6-101 (7). In each voter service and polling center, notwithstanding any other provision of this article and subject to the availability of election judges who meet the affiliation requirements of section 1-6-109, of the election judges appointed to serve as voter service and polling center judges pursuant to this subsection (1), there shall be at least one election judge from each major political party who is not a student election judge. (2) (Deleted by amendment, L. 98, p. 580, 10, effective April 30, 1998.) (3) When two election judges who are not of the same political affiliation are present at the voter service and polling center, voting may proceed. (4) For nonpartisan elections, the designated election official shall appoint no fewer than two election judges to serve as judges for each voter service and polling center to perform the designated functions. (5) The designated election official and, for partisan elections, the county clerk and recorder may appoint other election judges as needed to perform duties other than voter service and polling center duties. These duties may include inspecting ballots, duplicating ballots, and counting paper ballots. For partisan elections, if the county clerk and recorder appoints election judges to perform duties other than voter service and polling center duties, the county clerk and recorder shall appoint two election judges to perform such duties. The two election judges so appointed shall not be of the same political affiliation. (6) (Deleted by amendment, L. 2013.) (7) Where student election judges have been appointed by the county clerk and recorder to serve in a particular voter service and polling center pursuant to this article 6, no more than half of the total number of election judges serving in any one polling location are permitted to be student election judges. (8) Subject to the requirements of this article 6 regarding the number and party affiliation of election judges, the county clerk and recorder or designated election official may allow an election judge to work at a voter service and polling center for a shift lasting less than an entire day; except that at least two judges of different affiliations must be present at each voter service and polling center at all times. Colorado Revised Statutes 2019 Page 218 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 580, § 10, effective April 30. L. 2000: (1) amended and (7) added, p. 1335, § 3, effective July 1. L. 2004: (6) amended, p. 1106, § 5, effective May 27. L. 2007: (6) amended and (8) added, p. 1977, § 21, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 716, § 56, effective May 10. L. 2018: (3), (4), (5), (7), and (8) amended, (SB 18-233), ch. 262, p. 1610, § 20, effective May 29. Editor's note: This section is similar to former §§ 1-5-104 and 1-5-105 as they existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-6-112. Number of judges in nonpartisan elections. (Repealed) Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 21, effective April 30. 1-6-113. Vacancies. (1) If for any reason any person selected to serve as an election judge fails to attend the class of instruction for election judges, or refuses, fails, or is unable to serve, or is removed by preemption in accordance with section 1-6-119 (1) or for cause in accordance with section 1-6-119 (2), the designated election official thereafter may appoint an election judge to fill such vacancy. For a partisan election, an election judge shall be appointed to fill such vacancy from any of the lists of names previously submitted in accordance with sections 1-6-102, 1-6-103, and 1-6-103.5 or from the unaffiliated voters who have offered to serve as election judges in accordance with section 1-6-103.7. (2) Repealed. Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1415, § 59, effective July 1. L. 2002: (1) amended, p. 1632, § 11, effective June 7. L. 2013: (2) repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3026, § 33, effective August 2. Editor's note: (1) This section is similar to former § 1-5-110 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsection (2) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 219 of 513 Uncertified Printout 1-6-114. Oath of judges. (1) Before beginning the duties of an election judge, each person appointed as an election judge must take a self-affirming oath or affirmation in substantially the following form: I, ..................., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am an eligible elector who resides in the county of .................... or within the ....... political subdivision; that I am a member of the ............... party (or that I am unaffiliated with a political party) as shown in the statewide voter registration system; that I will perform the duties of judge according to law and the best of my ability; that I will studiously strive to prevent fraud, deceit, and abuse in conducting the same; that I will not try to determine how any elector voted, nor will I disclose how any elector voted if in the discharge of my duties as judge such knowledge comes to me, unless called upon to disclose the same before some court of justice; that I have never been convicted of election fraud, any other election offense, or fraud and that, if any ballots are counted before the polls close on the date of the election, I will not disclose the result of the votes until after the polls have closed and the results are formally announced by the designated election official. (2) (Deleted by amendment, L. 95, p. 838, § 54, effective July 1, 1995.) (3) For nonpartisan elections, the election judges shall not be required to declare their affiliation on the oath or affirmation. Source: L. 92: Entire article R&RE, p. 728, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1415, § 60, effective July 1. L. 95: (1) and (2) amended, p. 838, § 54, effective July 1. L. 98: (1) amended, p. 580, § 11, effective April 30. L. 99: (3) amended, p. 162, § 15, effective August 4. L. 2002: (1) amended, p. 1632, § 12, effective June 7. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 580, § 44, effective May 18. Editor's note: This section is similar to former § 1-5-111 as it existed prior to 1992. 1-6-115. Compensation of judges. (1) In all elections, including primary and general elections, each election judge serving in the precincts on election day shall receive not less than five dollars as compensation for services provided as judge at any election. At the discretion of the county clerk and recorder or designated election official, a student election judge appointed pursuant to the provisions of this article may receive the same compensation received by an election judge but, in any case, not less than seventy-five percent of the compensation received by an election judge for service provided as a judge at any election. (2) In addition to the compensation provided by subsection (1) of this section, each election judge and student election judge may be paid expenses and reasonable compensation for attending election schools which may be established by the county clerk and recorder or the designated election official. Each supervisor judge appointed by the county clerk and recorder shall be reimbursed no less than five dollars for attending a special school of instruction. (2.5) The supervisor judge and, for partisan elections, the second election judge selected in accordance with section 1-6-109.5 (4)(b), shall be paid no less than four dollars for returning the election supplies, election equipment, and the ballots to the designated election official. The person providing the transportation may be paid a mileage allowance, to be set by the designated election official but not to exceed the mileage rate authorized for county officials and employees, Colorado Revised Statutes 2019 Page 220 of 513 Uncertified Printout for each mile necessarily traveled in excess of ten miles in going to and returning from the office of the designated election official. (3) Compensation for election judges shall be determined and paid by the governing body calling the election. Compensation for all judges shall be uniform throughout a particular political subdivision, except: (a) The compensation of student election judges shall be set in conformity with subsection (1) of this section; and (b) A county is not required to compensate a county employee serving as an election judge in accordance with this section. (4) Election judges must give the designated election officials their social security numbers in order to receive compensation; however, service as an election judge shall not be considered employment pursuant to articles 70 to 82 of title 8, C.R.S. Source: L. 92: Entire article R&RE, p. 728, § 8, effective January 1, 1993. L. 93: (2) amended, p. 1416, § 61, effective July 1. L. 95: (1) amended, p. 839, § 55, effective July 1. L. 98: (1) and (2) amended and (2.5) added, p. 581, § 12, effective April 30. L. 2000: (1), (2), and (3) amended, p. 1335, § 4, effective July 1. L. 2002: (1) amended, p. 1633, § 13, effective June 7. L. 2006: (1) amended, p. 48, § 1, effective July 1. L. 2013: (2) and (2.5) amended, (HB 131303), ch. 185, p. 717, § 57, effective May 10. L. 2019: (3) amended, (HB 19-1278), ch. 326, p. 3027, § 34, effective August 2. Editor's note: (1) This section is similar to former § 1-5-112 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the mileage rate authorized for county officers and employees, see § 30-11-107 (1)(t). (2) In 2013, subsections (2) and (2.5) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-6-116. Delivery of election returns and other election papers - compensation. (Repealed) Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1416, § 62, effective July 1. L. 94: (1) amended, p. 1162, § 32, effective July 1. L. 98: Entire section repealed, p. 585, § 22, effective April 30. 1-6-117. Judges for new or changed precincts. (Repealed) Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 585, § 23, effective April 30. Colorado Revised Statutes 2019 Page 221 of 513 Uncertified Printout 1-6-118. Judges may change polling place. (Repealed) Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1416, § 63, effective July 1. L. 98: Entire section repealed, p. 585, § 24, effective April 30. 1-6-119. Removal of election judge by designated election official. (1) If a county chairperson of a major political party or the county chairperson or other authorized official of a minor political party believes that an election judge appointed to represent that party is not faithfully or fairly representing the party or that an election judge has moved from the county, the county chairperson or authorized official may exercise a preemptive removal of the election judge. The county chairperson or authorized official shall notify the county clerk and recorder and the election judge of the preemptive removal in writing. The county clerk and recorder shall fill any vacancy created by the preemptive removal as provided in section 1-6-113. (2) Prior to election day, the designated election official may remove an election judge for cause. Cause includes but is not limited to the election judge's failure to file an acceptance form in accordance with sections 1-6-101 and 1-6-106 and the election judge's failure to attend a class of instruction as required in section 1-6-101 (5). (3) On election day, the designated election official may remove an election judge who has neglected the duties of the office by failing to appear at the polling location by 7:30 a.m., by leaving the polling location before completing all of the duties assigned, by being unable or unwilling or by refusing to perform the duties of the office, or by electioneering. (4) Upon receipt of a written complaint made by an eligible elector of the political subdivision concerning an election judge, the designated election official shall investigate the complaint and may remove the election judge and appoint another election judge in accordance with section 1-6-113. Source: L. 92: Entire article R&RE, p. 730, § 8, effective January 1, 1993. L. 95: (3) amended, p. 839, § 56, effective July 1. L. 98: Entire section amended, p. 581, § 13, effective April 30. L. 2002: (1) and (4) amended, p. 1633, § 14, effective June 7. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 718, § 58, effective May 10. Editor's note: This section is similar to former § 1-5-116 as it existed prior to 1992. Cross references: In 2013, subsection (3) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-6-120. Removal of election judges by the court. (1) Upon the failure or neglect of any election judge to perform the duties of the office, any other election judge, the designated election official, the county chairperson of a political party, or an eligible elector of the political subdivision for which the election judge is appointed, having knowledge of the failure or neglect, shall cause proper action for removal to be instituted against the election judge. (2) Election judges who neglect their duties, who commit, encourage, or connive in any fraud in connection with their duties, who violate any of the election laws or knowingly permit Colorado Revised Statutes 2019 Page 222 of 513 Uncertified Printout others to do so, who are convicted of any crime, who violate their oath, who wrongfully hamper or interfere or tend to interfere with the regular performance of the duties of the other election judges, who commit any other act that interferes or tends to interfere with a fair and honest registration and election, or who are not appointed in accordance with the provisions of this article may be removed in the following manner: (a) Any eligible elector may file a brief petition in the district court at any time up to twelve days before any election, setting out in brief and concise language the facts constituting the cause for the removal of the election judge. The petition shall be verified, but the verification may be upon information and belief. Upon filing of the petition, the court shall issue a citation to the election judge directing an appearance within forty-eight hours to answer the petition if the election judge desires to do so. (b) The court shall proceed summarily to hear and finally dispose of the petition and may set a hearing within forty-eight hours after the answer is filed. Evidence given by any accused election judge at the hearing shall not be used against that election judge in any civil, criminal, or other proceedings. If the court decides that the election judge should be removed for any cause stated in the petition, the court shall so order and shall immediately notify the appropriate election official. (3) The validity of any part of the registration or election already completed or other acts performed under this code, if otherwise legally performed, shall not be affected by the removal of an election judge and shall be in every respect valid and regular. The successor of any election judge removed shall proceed with the duties of the election judge with the same power and effect as though originally appointed. Source: L. 92: Entire article R&RE, p. 730, § 8, effective January 1, 1993. L. 95: (2)(a) amended, p. 839, § 57, effective July 1. Editor's note: This section is similar to former § 1-5-117 as it existed prior to 1992. 1-6-121. Election judge vacancies. (Repealed) Source: L. 98: Entire section added, p. 582, § 14, effective April 30. L. 2002: Entire section repealed, p. 1642, § 39, effective June 7. 1-6-122. State employees - leave to serve as election judge. (1) An employee of a state agency, as defined in section 24-18-102 (9), C.R.S., shall be entitled to take administrative leave with pay on election day for the purpose of serving as an election judge, unless the employee's supervisor determines that the employee's attendance at work on election day is essential. (2) An employee of a state agency who takes administrative leave with pay to serve as an election judge in accordance with this section shall not receive compensation pursuant to section 1-6-115. (3) An employee of a state agency who serves as an election judge in accordance with this section shall submit to the employee's supervisor evidence of service as an election judge. Source: L. 2006: Entire section added, p. 2032, § 12, effective June 6. Colorado Revised Statutes 2019 Page 223 of 513 Uncertified Printout ARTICLE 7 Conduct of Elections Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. Cross references: For election offenses relating to conduct of elections, see part 7 of article 13 of this title. PART 1 HOURS OF VOTING, REGISTRATION, OATHS, AND ASSISTANCE TO VOTE 1-7-101. Hours of voting on election day. (1) (a) All polling locations must be open continuously from 7 a.m. until 7 p.m. on election day. If a full set of election judges is not present at the hour of 7 a.m. and it is necessary for judges to be appointed to conduct the election as provided in section 1-6-113, the election may commence when two judges who are not of the same political affiliation for partisan elections are present at any hour before the time for closing the polling locations. The polling locations shall remain open after 7 p.m. until every eligible elector who was at the polling location at or before 7 p.m. has been allowed to vote. Except as provided in subsection (1)(b) of this section, any person arriving after 7 p.m. is not entitled to vote. (b) (I) Any person may petition the district court for the county in which a polling location is located for an order requiring a polling location to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at the polling location has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance. (II) If the condition impairing voting at or access to polling locations affects polling locations in more than one county, any person may petition the district court of the city and county of Denver for an order requiring the secretary of state to order all polling locations in all affected counties to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at one or more polling locations in the affected counties has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance. Colorado Revised Statutes 2019 Page 224 of 513 Uncertified Printout (III) If an order is issued in accordance with this subsection (1)(b), every eligible elector who was at a polling location affected by the order at or before the closing time specified in the order shall be allowed to vote. The court shall not order polling locations to remain open for more than an additional six hours. (2) Upon the opening of the polls, a proclamation shall be made by one of the judges that the polls are open, and, thirty minutes before the closing of the polls, a proclamation shall be made that the polls will close in thirty minutes. Source: L. 92: Entire article R&RE, p. 731, § 9, effective January 1, 1993. L. 98: (1) amended, p. 583, § 17, effective April 30. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 718, § 59, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3027, § 35, effective August 2. Editor's note: (1) This section is similar to former § 1-7-101 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the date of general and primary elections, see § 1-1-104 (17) and (32). (2) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7-102. Employees entitled to vote. (1) Eligible electors entitled to vote at an election shall be entitled to absent themselves for the purpose of voting from any service or employment in which they are then engaged or employed on the day of the election for a period of two hours during the time the polls are open. Any such absence shall not be sufficient reason for the discharge of any person from service or employment. Eligible electors, who so absent themselves shall not be liable for any penalty, nor shall any deduction be made from their usual salary or wages, on account of their absence. Eligible electors who are employed and paid by the hour shall receive their regular hourly wage for the period of their absence, not to exceed two hours. Application shall be made for the leave of absence prior to the day of election. The employer may specify the hours during which the employee may be absent, but the hours shall be at the beginning or end of the work shift, if the employee so requests. (2) This section shall not apply to any person whose hours of employment on the day of the election are such that there are three or more hours between the time of opening and the time of closing of the polls during which the elector is not required to be on the job. Source: L. 92: Entire article R&RE, p. 732, § 9, effective January 1, 1993. Editor's note: This section is similar to former § 1-7-102 as it existed prior to 1992. Colorado Revised Statutes 2019 Page 225 of 513 Uncertified Printout Cross references: For employer guilty of a misdemeanor for violation of this section, see § 1-13-719 (1)(b) and (2). 1-7-103. No voting unless eligible - first-time voters casting a ballot in person after having registered by mail to vote. (Repealed) Source: L. 92: Entire article R&RE, p. 732, § 9, effective January 1, 1993. L. 94: (2) amended, p. 1769, § 29, effective January 1, 1995. L. 96: (2) amended and (4) added, p. 1745, § 39, effective July 1. L. 99: (2) amended, p. 774, § 49, effective May 20. L. 2003: (5) added, p. 2078, § 14, effective May 22. L. 2004: (5)(c) amended, p. 1186, § 2, effective August 4. L. 2005: (5)(c) amended, p. 1404, § 24, effective June 6; (5)(c) amended, p. 1439, § 24, effective June 6. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Editor's note: This section was similar to former § 1-7-103 as it existed prior to 1992. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-104. Affidavits of eligibility. In any election where the list of registered electors and property owners is not divided by precinct or where an elector's name is not on the list of registered electors or property owners, an affidavit signed by the eligible elector stating that the elector has not previously voted in the election may be required prior to allowing the elector to cast a ballot. Source: L. 92: Entire article R&RE, p. 733, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1416, § 64, effective July 1. L. 94: Entire section amended, p. 1162, § 33, effective July 1. L. 95: (2) amended, p. 840, § 58, effective July 1. L. 96: Entire section amended, p. 1745, § 40, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 718, § 60, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-105. Watchers at primary elections. (1) Each political party participating in a primary election shall be entitled to have a watcher in each precinct in the county. The chairperson of the county central committee of each political party shall certify the persons selected as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the chairperson shall submit the names by the close of business on the Friday immediately preceding the election. (2) In addition, candidates for nomination on the ballot of any political party in a primary election shall be entitled to appoint some person to act on their behalf in every precinct in which they are a candidate. Each candidate shall certify the persons appointed as watchers on Colorado Revised Statutes 2019 Page 226 of 513 Uncertified Printout forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate shall submit the names by the close of business on the Friday immediately preceding the election. Source: L. 92: Entire article R&RE, p. 733, § 9, effective January 1, 1993. L. 2007: Entire section amended, p. 1977, § 22, effective August 3. Editor's note: This section is similar to former § 1-7-202 as it existed prior to 1992. 1-7-106. Watchers at general and congressional vacancy elections. Each participating political party or issue committee whose candidate or issue is on the ballot, and each unaffiliated and write-in candidate whose name is on the ballot for a general or congressional vacancy election, is entitled to have no more than one watcher at any one time in each voter service and polling center in the county and at each place where votes are counted in accordance with this article. The chairperson of the county central committee of each major political party, the county chairperson or other authorized official of each minor political party, the issue committee, or the write-in or unaffiliated candidate shall certify the names of one or more persons selected as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the chairperson, authorized official, issue committee, or candidate shall submit the names by the close of business on the Friday immediately preceding the election. The watchers shall surrender the certificates to the election judges at the time they enter the voter service and polling center and are sworn by the judges. This section does not prevent party candidates or county party officers from visiting voter service and polling centers or drop-off locations to observe the progress of voting. Source: L. 92: Entire article R&RE, p. 733, § 9, effective January 1, 1993. L. 95: Entire section amended, p. 862, § 122, effective July 1. L. 2002: Entire section amended, p. 1633, § 15, effective June 7. L. 2007: Entire section amended, p. 1978, § 23, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 718, § 61, effective May 10. Editor's note: This section is similar to former § 1-7-104 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-107. Watchers at nonpartisan elections. Candidates for office in nonpartisan elections, and proponents and opponents of a ballot issue, are each entitled to appoint one person to act as a watcher in every polling place in which they are a candidate or in which the issue is on the ballot. The candidates or proponents and opponents shall certify the names of persons so appointed to the designated election official on forms provided by the official and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate, proponent, or opponent shall submit the names by the close of business on the Friday immediately preceding the election. Colorado Revised Statutes 2019 Page 227 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 734, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1416, § 65, effective July 1. L. 2007: Entire section amended, p. 1978, § 24, effective August 3. 1-7-108. Requirements of watchers. (1) Watchers shall take an oath administered by one of the election judges that they are eligible electors, that their name has been submitted to the designated election official as a watcher for this election, and that they will not in any manner make known to anyone the result of counting votes until the polls have closed. (2) Neither candidates nor members of their immediate families by blood, marriage, or civil union to the second degree may be poll watchers for that candidate. (3) Each watcher shall have the right to maintain a list of eligible electors who have voted, to witness and verify each step in the conduct of the election from prior to the opening of the polls through the completion of the count and announcement of the results, to challenge ineligible electors, and to assist in the correction of discrepancies. Source: L. 92: Entire article R&RE, p. 734, § 9, effective January 1, 1993. L. 93: (1) amended, p. 1417, § 66, effective July 1. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 719, § 62, effective May 10. Editor's note: This section is similar to former § 1-7-105 as it existed prior to 1992. Cross references: In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-109. Judges to keep pollbooks. (Repealed) Source: L. 92: Entire article R&RE, p. 734, § 9, effective January 1, 1993. L. 99: (2) amended, p. 162, § 16, effective August 4. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-110. Preparing to vote in person. (1) (a) When an elector appears in person to vote, a signature card containing the elector's name and residential address, as they appear in the statewide voter registration system created in section 1-2-301, shall be completed. (b) Except as provided in subsection (4) of this section, an eligible elector desiring to vote in person shall show his or her identification as defined in section 1-1-104 (19.5), verify the information that appears on the signature card, sign the signature card, and give the signature card to one of the election judges. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector's mark. The signature card shall provide: Colorado Revised Statutes 2019 Page 228 of 513 Uncertified Printout I, ....................., state under penalty of perjury that I am an eligible elector; that my name and sole legal place of residence are as shown on this signature card; and that I have not nor will I cast a ballot by any other means in this election. (2) If the eligible elector shows his or her identification within the meaning of section 11-104 (19.5) and the elector's name is found on the registration list or, where applicable, the property owner's list by the election judge in charge, the judge in charge of the pollbook or list shall enter the eligible elector's name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time. (2.5) If the elector's qualification to vote is established by the completion of an affidavit, and if the affidavit contains all of the information required in subsection (1) of this section, then the designated election official shall consider the affidavit the signature card. (3) The election judges shall return the signed signature cards with other election materials to the designated election official. (4) An eligible elector who is unable to produce identification may cast a provisional ballot in accordance with article 8.5 of this title. (5) An eligible elector who does not reside within the county but wishes to vote at a polling location is entitled to receive a mail ballot or replacement mail ballot that contains the names of candidates for statewide federal and state offices and statewide ballot issues and ballot questions. The secretary of state shall certify the content of the ballot to the county clerk and recorder. Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993. L. 94: (2.5) added, p. 1163, § 34, effective July 1. L. 2003: (1) and (2) amended and (4) added, p. 1277, § 2, effective April 22. L. 2004: (2) amended, p. 1053, § 5, effective May 21; (2) amended, p. 1357, § 16, effective May 28. L. 2005: (4) amended, p. 1404, § 25, effective June 6; (4) amended, p. 1439, § 25, effective June 6. L. 2007: (1) and (2) amended, p. 1978, § 25, effective August 3. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 719, § 63, effective May 10. L. 2014: (1), (2.5), and (3) amended, (SB 14-161), ch. 160, p. 561, § 13, effective May 9. L. 2019: (5) added, (HB 19-1278), ch. 326, p. 3028, § 36, effective August 2. Editor's note: (1) This section is similar to former § 1-7-107 as it existed prior to 1992. (2) Amendments to subsection (2) by Senate Bill 04-213 and House Bill 04-1227 were harmonized. (3) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004. (2) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 229 of 513 Uncertified Printout 1-7-111. Electors requiring assistance. (1) (a) If at any election, any registered elector declares to the election judges that, by reason of disability, inability to read or write, or difficulties with the English language, he or she is unable to prepare the ballot or operate the voting device or electronic voting device without assistance, the elector is entitled, upon making a request, to receive the assistance of any one of the election judges or, at the elector's option, any person selected by the eligible elector requiring assistance. (b) Any person other than an election judge who assists an eligible elector in the precinct in casting his or her ballot shall first complete the following voter assistance self-affirmation form: "I, ...................., certify that I am the individual chosen by the elector to assist the elector in casting a ballot. I further certify that I will not in any way attempt to persuade or induce the elector to vote in a particular manner, nor will I cast the elector's vote other than as directed by the elector I am assisting.". (2) and (3) Repealed. Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1417, § 68, effective July 1. L. 96: (2) amended, p. 1773, § 78, effective July 1. L. 2000: (1) amended, p. 1086, § 2, effective May 26. L. 2004: (1)(a) amended, p. 1358, § 17, effective May 28. L. 2007: (2) amended, p. 1779, § 15, effective June 1. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1292), ch. 181, p. 684, § 26, effective May 17. L. 2013: (2) amended and (3) repealed, (HB 13-1303), ch. 185, p. 719, § 64, effective May 10. L. 2014: (1)(a) and (1)(b) amended and (2) repealed, (SB 14-161), ch. 160, p. 562, § 14, effective May 9. Editor's note: This section is similar to former § 1-7-108 as it existed prior to 1992. Cross references: (1) For disclosing or identifying vote, see § 1-13-712. (2) For the legislative declaration contained in the 2004 act amending subsection (1)(a), see section 1 of chapter 334, Session Laws of Colorado 2004. (3) In 2013, subsection (2) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-112. Non-English speaking electors - assistance. (Repealed) Source: L. 92: Entire article R&RE, p. 736, § 9, effective January 1, 1993. L. 93: (1) amended, p. 1418, § 69, effective July 1. L. 2004: (1)(a) amended, p. 1358, § 18, effective May 28. L. 2012: (1)(a) amended, (HB 12-1292), ch. 181, p. 685, § 27, effective May 17. L. 2014: Entire section repealed, (SB 14-161), ch. 160, p. 567, § 29, effective May 9. Editor's note: Prior to its repeal, this section was similar to former § 1-7-109 as it existed prior to 1992. 1-7-113. Influencing electors. No person who assists an elector as authorized by this title shall seek to persuade or induce the eligible elector to vote in a particular manner. Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993. Colorado Revised Statutes 2019 Page 230 of 513 Uncertified Printout 1-7-114. Write-in votes. (1) Eligible electors may cast a write-in vote for a candidate who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101 by writing the name of the person in the blank space provided for write-in candidates on the ballot. Each write-in vote may include a reasonably correct spelling of a given name, an initial or nickname, or both a given name and an initial or nickname, and shall include the last name of the person for whom the vote is intended. Whenever write-in votes are cast, they shall be counted only when the intention of the elector is clearly apparent. (2) A vote for a write-in candidate shall not be counted unless that candidate is qualified to hold the office for which the elector's vote was cast. (3) If the elector has cast more votes for an office than he or she is lawfully entitled to cast, by voting for both a candidate appearing on the ballot and a valid write-in candidate, neither of the votes for the office shall be counted. (4) (a) The designated election official shall make a list of eligible write-in candidates and provide the list to the election judges. The order of the write-in candidates on such list may be determined by the time of filing the affidavit pursuant to section 1-4-1101. (b) Except as may be required to accommodate a person with a disability, election judges shall not verbally comment on write-in candidates. Upon request of an eligible elector, an election judge may display to the requesting elector the list of eligible write-in candidates provided to the judges by the designated election official. The list shall not be posted nor may the list be taken into a voting booth. (c) A designated election official may post the list of eligible write-in candidates on the official website of the designated election official. Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993. L. 93: (1) amended, p. 1419, § 70, effective July 1. L. 96: (4) added, p. 1746, § 41, effective July 1. L. 2016: (4)(c) added, (SB 16-142), ch. 173, p. 580, § 45, effective May 18. Editor's note: This section is similar to former §§ 1-7-309 (3) and 1-7-507 (3) as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index. 1-7-115. Time in voting area. Eligible electors shall cast their ballots without undue delay and shall leave the immediate voting area as soon as voting is complete. An eligible elector shall not enter a voting booth already occupied by another eligible elector. An eligible elector shall not occupy a voting booth for longer than the time determined by the secretary of state by rule if all the booths are in use and other eligible electors are waiting to use them. No eligible elector whose name has been entered on the pollbook shall be allowed to reenter the immediate voting area during the election, except an election judge. Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1766, § 7, effective June 6. L. 94: Entire section amended, p. 1163, § 35, effective July 1. L. 2007: Entire section amended, p. 1979, § 26, effective August 3. Editor's note: This section is similar to former § 1-7-304 (3) as it existed prior to 1992. Colorado Revised Statutes 2019 Page 231 of 513 Uncertified Printout 1-7-116. Coordinated elections - definition. (1) (a) If more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the county clerk and recorder is the coordinated election official and, pursuant to section 1-5-401, shall conduct the elections on behalf of all political subdivisions whose elections are part of the coordinated election, utilizing the mail ballot procedure set forth in article 7.5 of this title. As used in this subsection (1), "political subdivision" includes the state, counties, municipalities, school districts, and special districts formed pursuant to title 32, C.R.S. (b) Paragraph (a) of this subsection (1) does not apply to any political subdivision that conducts a mail ballot election or an independent mail ballot election, as defined in section 113.5-1102, using mail ballot procedures set forth in article 7.5 or 13.5 of this title or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., as appropriate. As used in this paragraph (b), "political subdivision" means a municipality as defined in section 311-101, C.R.S., or a special district as defined in section 1-13.5-103. (c) A county clerk and recorder is not required to conduct any election using the procedures set forth in article 13.5 of this title. (2) The political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder for the county or counties in which the political subdivision is located concerning the conduct of the coordinated election. The agreement shall be signed no later than seventy days prior to the scheduled election. The agreement shall include but not be limited to the following: (a) Allocation of the responsibilities between the county clerk and recorder and the political subdivisions for the preparation and conduct of the coordinated election; and (b) Provision for a reasonable sharing of the actual cost of the coordinated election among the county and the political subdivisions. For such purpose, political subdivisions are not responsible for sharing any portion of the usual costs of maintaining the office of the county clerk and recorder, including but not limited to overhead costs and personal services costs of permanent employees, except for such costs that are shown to be directly attributable to conducting coordinated elections on behalf of political subdivisions. Notwithstanding any other provision of this section, the state's share of the actual costs of the coordinated election shall be governed by the provisions of section 1-5-505.5. Where the state's reimbursement to a particular county for the costs of conducting a coordinated election pursuant to section 1-5-505.5 is less than the costs of conducting a coordinated election for which the county is entitled to reimbursement by means of a cost-sharing agreement entered into pursuant to the provisions of this subsection (2), such differential shall be assumed by the county. Where the state's reimbursement to a particular county for the costs of conducting a coordinated election pursuant to section 1-5-505.5 is greater than the costs of conducting a coordinated election for which the county is entitled to reimbursement by means of a cost-sharing agreement entered into pursuant to the provisions of this subsection (2), the county shall be entitled to retain such differential, with no obligation to return any portion of such amount to the state. (2.5) Notwithstanding any other provision of this section, the scientific and cultural facilities district's share of the actual costs of the coordinated election shall be governed by the provisions of section 32-13-107 (5), C.R.S. (3) Notwithstanding the provision for independent mail ballot elections in subsection (1) of this section, the ballot issue notice shall be prepared and mailed in substantial compliance Colorado Revised Statutes 2019 Page 232 of 513 Uncertified Printout with part 9 of this article 7, and the preparation and mailing thereof shall be made pursuant to an agreement as provided in subsection (2) of this section. An agreement under this subsection (3) may allow the political subdivision to prepare and mail a separate notice. (4) (Deleted by amendment, L. 94, p. 1163, § 36, effective July 1, 1994.) (5) If, by one hundred days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder in writing. Failure to receive such notice in a timely manner does not prohibit the county clerk and recorder from entering into and performing an intergovernmental agreement to conduct the coordinated election on behalf of the political subdivision. Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1419, § 71, effective July 1. L. 94: (1), (2)(b), and (4) amended, p. 1163, § 36, effective July 1. L. 96: (3) amended, p. 1746, § 42, effective July 1. L. 99: IP(2) amended and (5) added, p. 774, § 50, effective May 20. L. 2000: (2)(b) amended, p. 656, § 3, effective August 2. L. 2001: (5) amended, p. 1003, § 9, effective August 8. L. 2005: IP(2) amended, p. 1404, § 26, effective June 6; IP(2) amended, p. 1439, § 26, effective June 6. L. 2006: (2.5) added, p. 1779, § 1, effective June 6. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 720, § 65, effective May 10. L. 2014: (1) and (5) amended, (HB 14-1164), ch. 2, p. 4, § 3, effective February 18. L. 2019: (3) amended, (HB 19-1278), ch. 326, p. 3028, § 37, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7-117. Joint elections. (Repealed) Source: L. 92: Entire article R&RE, p. 738, § 9, effective January 1, 1993. L. 93: Entire section repealed, p. 1420, § 72, effective July 1. PART 2 PRIMARY ELECTIONS 1-7-201. Voting at primary election. (1) Any registered elector, including a preregistrant who is eligible under section 1-2-101 (2)(c), who has declared an affiliation with a political party that is participating in a primary election and who desires to vote for candidates of Colorado Revised Statutes 2019 Page 233 of 513 Uncertified Printout that party at a primary election shall show identification, as defined in section 1-1-104 (19.5), write his or her name and address on a form available at the voter service and polling center, and give the form to one of the election judges. (2) If the name is found on the registration list, the election judge having charge of the list shall likewise repeat the elector's name and present the elector with the party ballot of the political party affiliation last recorded. (2.3) An eligible unaffiliated elector, including a preregistrant who is eligible under section 1-2-101 (2)(c), is entitled to vote in the primary election of a major political party without affiliating with that political party. To vote in a political party's primary election without declaring an affiliation with the political party, any eligible unaffiliated elector shall declare to the election judges the name of the political party in whose primary election the elector wishes to vote. Thereupon, the election judges shall deliver the appropriate party ballot to the elector. In addition, any eligible unaffiliated elector may openly declare to the election judges the name of the political party with which the elector wishes to affiliate and complete the necessary forms. An eligible elector must separately date and sign or date and initial a declaration of affiliation with a political party form in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. (3) Forms completed by eligible electors, as provided in subsection (1) of this section, shall be returned with other election materials to the county clerk and recorder. If no challenges have been made, the forms may be destroyed pursuant to section 1-7-802. (4) Party ballots shall be cast in the same manner as in general elections. An elector shall not vote for more candidates for any office than are to be elected at the general election as indicated on the ballot. (5) Instead of voting for a candidate whose name is printed on the party ballot, an elector may cast a write-in vote for any eligible candidate who is a member of the major political party and who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101. When no candidate has been designated by an assembly or by petition, a write-in candidate for nomination by any major political party must receive at least the number of votes at any primary election that is required by section 1-4-801 (2) to become designated as a candidate by petition. (6) The provisions of subsections (1), (2), and (4) of this section shall not apply to a primary election conducted as a mail ballot election pursuant to article 7.5 of this title. Source: L. 92: Entire article R&RE, p. 738, § 9, effective January 1, 1993. L. 94: (3) amended, p. 1621, § 2, effective May 31. L. 98: (1), (2), and (5) amended, p. 259, § 12, effective April 13. L. 99: (2) amended, p. 162, § 17, effective August 4. L. 2003: (1) amended, p. 1277, § 3, effective April 22; (1) and (2) amended, p. 1313, § 13, effective April 22. L. 2010: (6) added, (HB 10-1116), ch. 194, p. 833, § 15, effective May 5. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 720, § 66, effective May 10. Initiated 2016: (2) amended and (2.3) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2018: (2.3) amended, (SB 18-233), ch. 262, p. 1618, § 42, effective May 29. L. 2019: (1) and (2.3) amended, (HB 19-1278), ch. 326, p. 3028, § 38, effective August 2. Editor's note: (1) This section is similar to former § 1-7-201 as it existed prior to 1992. Colorado Revised Statutes 2019 Page 234 of 513 Uncertified Printout (2) Amendments to subsection (1) by Senate Bill 03-102 and House Bill 03-1142 were harmonized. (3) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 (4) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7-202. Count and certification. (Repealed) Source: L. 92: Entire article R&RE, p. 739, § 9, effective January 1, 1993. L. 98: Entire section amended, p. 259, § 13, effective April 13. L. 2013: Entire section repealed, (HB 131303), ch. 185, p. 752, § 138, effective May 10. Cross references: (1) For current procedures in counting ballots, see §§ 1-7-305, 1-7307, 1-7-309, 1-7-406, 1-7-507, and 1-7-508. (2) In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-203. Accounting forms. The county clerk and recorder shall furnish each precinct with two sets of accounting forms for each major political party having candidates at the primary election. The forms shall be furnished at the same time and in the same manner as ballots. All accounting forms shall have the proper party designation at the top thereof and shall state the precinct, county, and date of the primary election. The secretary of state shall prescribe the accounting forms to be used. Source: L. 92: Entire article R&RE, p. 739, § 9, effective January 1, 1993. L. 98: Entire section amended, p. 260, § 14, effective April 13. Editor's note: This section is similar to former § 1-7-204 as it existed prior to 1992. PART 3 PAPER BALLOTS Colorado Revised Statutes 2019 Page 235 of 513 Uncertified Printout 1-7-301. Judges open ballot box first. Immediately before proclamation is made of the opening of the polls, the election judges shall open the ballot box in the presence of those assembled and shall turn it upside down so as to empty it of anything that may be in it and then shall lock it securely. No ballot box shall be reopened until the time for counting the ballots therein. Source: L. 92: Entire article R&RE, p. 739, § 9, effective January 1, 1993. Editor's note: This section is similar to former § 1-7-301 as it existed prior to 1992. 1-7-302. Electors given only one ballot. Election judges shall give to each eligible elector a single ballot after issuing vote credit to the elector in the statewide voter registration system created in section 1-2-301. Source: L. 92: Entire article R&RE, p. 739, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1420, § 73, effective July 1. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 563, § 15, effective May 9. Editor's note: This section is similar to former § 1-7-302 as it existed prior to 1992. 1-7-303. Spoiled ballots. No person, except an election judge as authorized by the designated election official, shall remove any ballot from the polling place or voter service and polling center before the close of the polls. Any eligible elector who spoils a ballot may obtain others, one at a time, not exceeding three in all, upon returning each spoiled ballot. The spoiled ballots thus returned shall be immediately canceled and shall be preserved and returned to the designated election official as provided in section 1-7-701. Nothing in this section prohibits an elector from obtaining a replacement ballot pursuant to section 1-7.5-107. Source: L. 92: Entire article R&RE, p. 740, § 9, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 720, § 67, effective May 10. Editor's note: This section is similar to former § 1-7-303 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-304. Manner of voting in person. (1) Each eligible elector, upon receiving a ballot, shall immediately proceed unaccompanied to one of the voting booths provided. To cast a vote, the eligible elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the name of the candidate or the names of the joint candidates of the elector's choice for each office to be filled. In the case of a ballot issue, the elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the appropriate place opposite the answer that the elector desires to give. Colorado Revised Statutes 2019 Page 236 of 513 Uncertified Printout (2) Each eligible elector who has completed the ballot and is ready to vote shall then leave the voting booth and approach the election judges having charge of the ballot box. The elector shall, in full view of the election judges, deposit it in the ballot box. Source: L. 92: Entire article R&RE, p. 740, § 9, effective January 1, 1993. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 685, § 28, effective May 17. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 720, § 68, effective May 10. Editor's note: This section is similar to former § 1-7-304 as it existed prior to 1992. Cross references: (1) For ballots for general and congressional vacancy elections, see § 1-5-403; for method of counting paper ballots, see § 1-7-307; for ballots improperly marked, see § 1-7-309. (2) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-305. Counting by counting judges. (1) In precincts having counting judges, the receiving judges, at 8 a.m., or as soon thereafter as the counting judges request the ballot box, shall deliver to the counting judges the ballot box containing all ballots that have been cast up to that time, and the receiving judges shall then proceed to use the other ballot box furnished for voting. The receiving judges shall open, empty, and lock the alternate ballot box in the manner prescribed in section 1-7-301. (2) When the counting judges have counted the votes in a ballot box, they shall return the empty ballot box to the receiving judges and exchange it for the box containing ballots cast since taking possession of the first ballot box. The judges shall continue to exchange ballot boxes in the same manner during the day until the polls are closed and shall continue counting until all ballots have been counted. (3) When an exchange of ballot boxes is made as described in subsection (2) of this section, the receiving judges shall sign and furnish to the counting judges a statement showing the number of ballots that are to be found in each ballot box as indicated by the pollbooks. The counting judges shall then count ballots in the manner prescribed in section 1-7-307. (4) The governing body may provide a separate room or building for the counting judges but, when ballot boxes are moved from one room or building to another, they shall be under the constant observation of at least one of the counting judges. Source: L. 92: Entire article R&RE, p. 741, § 9, effective January 1, 1993. Editor's note: This section is similar to former § 1-7-305 as it existed prior to 1992. Cross references: For the election judges opening, emptying, and then locking ballot boxes, see §§ 1-7-301 and 1-7-501. 1-7-306. Counting by receiving judges. (Repealed) Colorado Revised Statutes 2019 Page 237 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 741, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1420, § 74, effective July 1. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-307. Method of counting paper ballots. (1) The election judges shall first count the number of ballots in the box. If the ballots are found to exceed the number of names entered on each of the pollbooks, the election judges shall then examine the official endorsements. If, in the unanimous opinion of the judges, any of the ballots in excess of the number on the pollbooks are deemed not to bear the proper official endorsement, they shall be put into a separate pile and into a separate record, and a return of the votes in those ballots shall be made under the heading "excess ballots". When the ballots and the pollbooks agree, the judges shall proceed to count the votes. (2) Each ballot shall be read and counted separately. Every name and all names of joint candidates separately marked as voted for on the ballot shall be read and an entry made on each of two accounting forms before any other ballot is counted. The entire number of ballots, excepting "excess ballots", shall be read, counted, and placed on the accounting forms in like manner. When all of the ballots, except "excess ballots", have been counted, the election judges shall post the votes from the accounting forms. (3) When all the votes have been read and counted, the ballots shall be returned to the ballot box, the opening shall be carefully sealed, and the election judges shall place their initials on the seal. The cover shall then be locked and the ballot box delivered to the designated election official, as provided in section 1-7-701. (4) All persons, except election judges and watchers, shall be excluded from the place where the ballot counting is being held until the count has been completed. Source: L. 92: Entire article R&RE, p. 741, § 9, effective January 1, 1993. L. 93: (1) amended, p. 1421, § 75, effective July 1. Editor's note: This section is similar to former § 1-7-307 as it existed prior to 1992. Cross references: For the form of ballots, see §§ 1-5-407, 1-5-408, 1-7-304 (1), and 1-7503 (1); for improperly marked ballots, see § 1-7-309; for penalty for divulging information concerning the count prior to 7:00 p.m., see § 1-13-718. 1-7-308. Judges to keep accounting forms. (Repealed) Source: L. 92: Entire article R&RE, p. 742, § 9, effective January 1, 1993. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Colorado Revised Statutes 2019 Page 238 of 513 Uncertified Printout Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-309. Determination of improperly marked ballots. (1) Votes cast for an office to be filled or a ballot issue to be decided shall not be counted if an elector marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot issue. (2) A defective or an incomplete cross mark on any ballot in a proper place shall be counted if no other cross mark appears on the ballot indicating an intention to vote for some other candidate or ballot issue. (3) No ballot shall be counted unless it has the official endorsement required by section 1-7-302. (4) Ballots not counted because of the election judges' inability to determine the elector's intent for all candidates and ballot issues shall be marked "defective" on the back, banded together and separated from the other ballots, returned to the ballot box, and preserved by the designated election official pursuant to section 1-7-801. (5) When the election judges in any precinct discover in the counting of votes that the name of any write-in candidate voted for is misspelled or omitted in part, the vote for that candidate shall be counted if the writing meets the requirements of section 1-7-114 (1). Source: L. 92: Entire article R&RE, p. 742, § 9, effective January 1, 1993. L. 93: (5) amended, p. 1421, § 76, effective July 1. Editor's note: This section is similar to former § 1-7-309 as it existed prior to 1992. Cross references: For the form of ballots, see §§ 1-5-407, 1-5-408, 1-7-304 (1), and 1-7503 (1); for the method of counting paper ballots, see § 1-7-307. PART 4 VOTING MACHINES 1-7-401. Judges to inspect machines. In each polling location using voting machines, the election judges shall meet at the polling location before the time set for the opening of the polls at each election. Before the polls are open for election, each judge shall carefully examine each machine used in the polling location to ensure that no vote has yet been cast and that every counter, except the protective counter, registers zero. Source: L. 92: Entire article R&RE, p. 743, § 9, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 721, § 69, effective May 10. Editor's note: This section is similar to former § 1-7-401 as it existed prior to 1992. Colorado Revised Statutes 2019 Page 239 of 513 Uncertified Printout Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-402. Sample ballots - ballot labels. (1) The designated election official shall provide each polling location in which voting machines are to be used with two sample ballots, which shall be arranged in the form of a diagram showing the front of the voting machine as it will appear after the official ballot labels are arranged thereon for voting on election day. The sample ballots may be either in full or reduced size and shall be delivered and submitted for public inspection in the same manner as provided by law for sample ballots used in nonmachine voting. (2) The designated election official shall also prepare the official ballot for each voting machine and shall place the official ballot on each voting machine to be used in polling locations under the election official's supervision and shall deliver the required number of voting machines to each polling location no later than the day before the polling locations open. Source: L. 92: Entire article R&RE, p. 743, § 9, effective January 1, 1993. L. 99: (2) amended, p. 775, § 51, effective May 20. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 721, § 70, effective May 10. Editor's note: This section is similar to former § 1-7-402 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-403. Instruction to electors. In case any elector, after entering the immediate voting area, asks for further instructions concerning the manner of voting, an election judge shall give instructions to the elector. No election judge or other election official or person assisting an elector shall enter the immediate voting area, except as provided in section 1-7-111. After receiving instructions, the elector shall vote as if unassisted. Source: L. 92: Entire article R&RE, p. 743, § 9, effective January 1, 1993. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 563, § 16, effective May 9. Editor's note: This section is similar to former § 1-7-403 as it existed prior to 1992. 1-7-404. Judge to watch voting machine. No person shall deface or damage any voting machine or the ballot thereon. The election judges shall designate at least one election judge to be stationed beside the entrance to the voting machine during the entire period of the election to see that it is properly closed after each voter has entered. At such intervals as may be deemed necessary, the election judge shall also examine the face of the machine to ascertain whether it has been defaced or damaged, to detect any wrongdoing, and to repair any damage. Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993. Colorado Revised Statutes 2019 Page 240 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-7-404 as it existed prior to 1992. 1-7-405. Seal on voting machine. The designated election official shall supply each election precinct with a seal for each voting machine to be used in the precinct for the purpose of sealing the machine after the polls are closed. The designated election official shall also provide an envelope for the return of the keys to each voting machine along with the election returns. Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993. Editor's note: This section is similar to former § 1-7-405 as it existed prior to 1992. 1-7-406. Close of polls and count - seals. As soon as the polls are closed on election day, the election judges shall immediately lock and seal each voting machine against further voting, and it shall so remain for a period of thirty days unless otherwise ordered by the court and except as provided in section 1-7-407. Immediately after each machine is locked and sealed, the election judges shall open the counting compartment and proceed to count the votes. After the total vote for each candidate and ballot issue has been ascertained, the election judges shall record on a certificate the number of votes cast, in numerical figures only, and return it to the designated election official. Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993. L. 94: Entire section amended, p. 1621, § 3, effective May 31. L. 2013: Entire section amended, (HB 131303), ch. 185, p. 722, § 71, effective May 10. Editor's note: This section is similar to former § 1-7-406 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-407. Close of polls - primary. In the event no election contest is filed by any candidate in a primary election within the time prescribed by section 1-11-203, the county clerk and recorder may unlock and break the seals of voting machines at any time after the fifteenth day following the date of the primary election. Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1767, § 8, effective June 6. Editor's note: This section is similar to former § 1-7-406 (2) as it existed prior to 1992. 1-7-408. Judges to keep accounting forms. (Repealed) Source: L. 92: Entire article R&RE, p. 744, § 9, effective January 1, 1993. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Colorado Revised Statutes 2019 Page 241 of 513 Uncertified Printout Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 5 ELECTRONIC VOTING EQUIPMENT 1-7-501. Judges open ballot box first. Immediately before proclamation is made of the opening of the polls, the election judges shall open the ballot box in the presence of those assembled and shall turn it upside down so as to empty it of anything that may be in it and then shall lock it securely. No ballot box shall be reopened until the time for counting the ballots or ballot cards therein. Source: L. 92: Entire article R&RE, p. 745, § 9, effective January 1, 1993. Editor's note: This section is similar to former § 1-7-501 as it existed prior to 1992. 1-7-502. Elector given only one ballot or ballot card. (Repealed) Source: L. 92: Entire article R&RE, p. 745, § 9, effective January 1, 1993. L. 97: Entire section amended, p. 185, § 4, effective August 6. L. 2013: Entire section repealed, (HB 131303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-503. Manner of voting. (1) Each eligible elector, upon receiving a ballot, shall immediately proceed unaccompanied to one of the voting booths provided. To cast a vote, the eligible elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the name of the candidate or the names of the joint candidates of the elector's choice for each office to be filled. In the case of a ballot issue, the elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the appropriate place opposite the answer that the elector desires to give. Before leaving the voting booth, the eligible elector, without displaying the marks thereon, shall place the ballot in the privacy envelope so that the contents of the ballot or ballot card are concealed and shall place the envelope and the ballot or ballot card in the ballot box. (2) Each eligible elector who has prepared the ballot and is ready to vote shall then leave the voting booth and approach the election judges having charge of the ballot box. The eligible elector shall give his or her name to one of the election judges. The elector shall, in full view of the election judges, deposit the ballot or ballot card in the ballot box, with the official endorsement on the ballot or ballot card facing upward. (3) In precincts which use electronic voting equipment in which voting is by a method other than a ballot, each voter shall be listed by name in the pollbook and shall be given an entry card to the electronic voting device. Colorado Revised Statutes 2019 Page 242 of 513 Uncertified Printout (4) Notwithstanding any provision of subsection (1) or (2) of this section to the contrary, at a polling location at which a ballot marking device, as defined in section 1-5-702 (2.5), is available for accessible voting, the election judge in charge of the ballot box shall deposit every elector's ballot card in the ballot box. Source: L. 92: Entire article R&RE, p. 745, § 9, effective January 1, 1993. L. 97: (1) and (2) amended, p. 185, § 5, effective August 6. L. 2007: (4) added, p. 1979, § 27, effective August 3. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 685, § 29, effective May 17. L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 722, § 72, effective May 10. Editor's note: This section is similar to former § 1-7-503 as it existed prior to 1992. Cross references: (1) For ballots for general and congressional vacancy elections, see § 1-5-403; for method of counting paper ballots, see § 1-7-307; for ballots improperly marked, see § 1-7-309. (2) In 2013, subsection (4) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-504. Spoiled ballot or ballot card. In polling locations in which voting is on a ballot or ballot card, no person, except an election judge as authorized by the designated election official, shall remove a spoiled ballot or ballot card from the polling location before the close of the polls. Any eligible elector who spoils a ballot or ballot card may successively obtain others, one at a time, not exceeding three in all, upon returning each spoiled ballot or ballot card. The spoiled ballots or ballot cards thus returned shall be immediately canceled and shall be preserved and returned to the designated election official as provided in section 1-7-701. Nothing in this section prohibits an elector from obtaining a replacement ballot pursuant to section 1-7.5-107. Source: L. 92: Entire article R&RE, p. 746, § 9, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 722, § 73, effective May 10. Editor's note: This section is similar to former § 1-7-504 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-505. Close of polls - security of voting machinery. (1) After the polls have been closed, the election judges shall secure the vote recorders or the voting devices, or both, against further use. (2) and (3) Repealed Source: L. 92: Entire article R&RE, p. 746, § 9, effective January 1, 1993. L. 93: (2) amended, p. 1767, § 9, effective June 6; (2) amended, p. 1421, § 77, effective July 1. L. 98: (2) amended, p. 586, § 26, effective April 30. L. 2013: (2) and (3) amended, (HB 13-1303), ch. 185, Colorado Revised Statutes 2019 Page 243 of 513 Uncertified Printout p. 722, § 74, effective May 10. L. 2018: (2) and (3) repealed, (SB 18-233), ch. 262, p. 1611, § 21, effective May 29. Editor's note: This section is similar to former § 1-7-505 as it existed prior to 1992. Cross references: In 2013, subsections (2) and (3) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-506. Electronic vote-counting - test. (Repealed) Source: L. 92: Entire article R&RE, p. 747, § 9, effective January 1, 1993. L. 95: (2) amended, p. 840, § 59, effective July 1. L. 96: (2) amended, p. 1746, § 43, effective July 1. L. 2002: (2) amended, p. 1634, § 16, effective June 7. L. 2004: (1)(b) amended, p. 1358, § 19, effective May 28. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6. 1-7-506.5. Testing of voting systems and tabulating equipment. (Repealed) Source: L. 2004: Entire section added, p. 1358, § 20, effective May 28. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6. 1-7-507. Electronic vote-counting - procedure. (1) All proceedings at the counting centers shall be under the direction of the designated election official and the representatives of the political parties, if a partisan election, or watchers, if a nonpartisan election. No persons, except those authorized for the purpose, shall touch any ballot, ballot card, "prom" or other electronic device, or return. (2) All persons who are engaged in the processing and counting of the ballots or recorded precinct votes shall be deputized in writing and take an oath that they will faithfully perform their assigned duties. (3) The return printed by the electronic vote-tabulating equipment, to which have been added write-in votes, shall, when certified by the designated election official, constitute the official return of each precinct. The designated election official may, from time to time, release unofficial returns. Upon completion of the count, the official returns shall be open to the public. (4) Repealed. (5) Write-in ballots may be counted by the election judges or at the counting centers. (6) If for any reason it becomes impracticable to count all or a part of the ballots with electronic vote-tabulating equipment, the designated election official may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots as provided in 1-7-307. (7) The receiving, opening, and preservation of the transfer boxes and their contents shall be the responsibility of the designated election official, who shall provide adequate personnel and facilities to assure accurate and complete election results. Any indication of tampering with the ballots, ballot card, or other fraudulent action shall be immediately reported Colorado Revised Statutes 2019 Page 244 of 513 Uncertified Printout to the district attorney, who shall immediately investigate the action and report the findings in writing within ten days to the designated election official and shall prosecute to the full extent of the law any person or persons responsible for the fraudulent action. (8) Repealed. / (Deleted by amendment, L. 2004, p. 1359, § 21, effective January 1, 2006.) Source: L. 92: Entire article R&RE, p. 748, § 9, effective January 1, 1993. L. 2004: (7) and (8) amended and (8) repealed, pp. 1359, 1361, 1213, §§ 21, 30, 31, 108, effective January 1, 2006. L. 2007: (4) amended, p. 1779, § 16, effective June 1. L. 2013: (5) amended and (4) repealed, (HB 13-1303), ch. 185, p. 723, § 75, effective May 10. Editor's note: This section is similar to former § 1-7-507 as it existed prior to 1992. Cross references: (1) For counting procedure for paper ballots, see § 1-7-307; for counting procedure in use of voting machines, see §§ 1-7-406 and 1-7-505. (2) For the legislative declaration contained in the 2004 act amending subsections (7) and (8) and repealing subsection (8), see section 1 of chapter 334, Session Laws of Colorado 2004. (3) In 2013, subsection (5) was amended and subsection (4) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-508. Determination of improperly marked ballots. (1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote-counting equipment, a true duplicate copy shall be made of the damaged ballot in the presence of two witnesses. The duplicate ballot shall be substituted for the damaged ballot. Every duplicate ballot shall be clearly labeled as such and shall bear a serial number which shall be recorded on the damaged ballot. (2) Votes cast for an office to be filled or a ballot question or ballot issue to be decided shall not be counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue. A defective or an incomplete mark on any ballot in a proper place shall be counted if no other mark is on the ballot indicating an intention to vote for some other candidate or ballot question or ballot issue. (3) No ballot shall be counted unless it has the official endorsement required by section 1-5-407 (1). (4) Ballots not counted because of the election judges' inability to determine the elector's intent for all candidates and ballot issues shall be marked "defective" on the back, banded together, separated from the other ballots, and preserved by the designated election official pursuant to section 1-7-801. Source: L. 92: Entire article R&RE, p. 749, § 9, effective January 1, 1993. L. 2004: (2) amended, pp. 1359, 1213, §§ 22, 108, effective January 1, 2006. L. 2012: (3) amended, (HB 121292), ch. 181, p. 686, § 30, effective May 17. Colorado Revised Statutes 2019 Page 245 of 513 Uncertified Printout Cross references: For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004. 1-7-509. Electronic and electromechanical vote counting - testing of equipment required - definition. (1) (a) An electronic or electromechanical voting system shall be tested at the conclusion of maintenance and testing. The tests shall be sufficient to determine that the voting system is properly programmed, the election is correctly defined on the voting system, and all of the voting system's input, output, and communication devices are working properly. (b) The designated election official shall conduct at least three tests on all electronic and electromagnetic voting equipment, including a hardware test, a public logic and accuracy test conducted in accordance with subsection (2) of this section, and a postelection test or audit conducted in accordance with rules promulgated by the secretary of state. Each type of ballot, including mail, provisional, and audio ballots, shall be tested in accordance with rules promulgated by the secretary of state. The tests must ensure that the equipment will correctly count the votes cast for all offices and on all ballot questions and ballot issues and that the voting system will accurately count ballots of all types. (c) (I) For all partisan elections, the designated election official shall select a testing board comprising at least two persons, one from each major political party, from the list provided by the major political parties pursuant to section 1-6-102. (II) For all nonpartisan elections, the designated election official or coordinated election official, as applicable, shall select a testing board comprising at least two persons who are registered electors. (III) Repealed. (2) (a) A public test of voting equipment shall be conducted prior to the commencement of voting in accordance with this section by processing a preaudited group of ballots produced so as to record a predetermined number of valid votes for each candidate and on each ballot question or ballot issue. The test shall ensure that the system accurately records votes when the elector has the option of voting for more than one candidate in a race. The test shall ensure that the voting system properly rejects and does not count overvotes and undervotes. (b) The public test shall be open to representatives of the political parties, the press, and the public, subject to the rules promulgated by the secretary of state pursuant to subsection (6) of this section. Each major political party, minor political party, ballot issue committee that has an issue on the ballot, and coordinating entity may designate one person, who shall be allowed to witness all public tests and the counting of pretest votes. If an observer or designee hinders or disturbs the test process, the designated election official may remove the person from the test area. An observer or designee who has been removed from a public test may be barred from future tests. The absence of observers or designees shall not delay or stop the public test. (c) The testing board shall convene and designate at least one member to represent the board during the testing, sign the necessary reports, and report to the board. The programs and ballots used for testing shall be attested to and sealed by the board and retained in the custody of the designated election official. The absence of a member of the testing board shall not delay or stop the test. (d) Upon completion of the testing conducted pursuant to this section, the testing board or its representative and the representatives of the political parties, ballot issue committees, and coordinating entities who attended the test may witness the resetting of each device that passed Colorado Revised Statutes 2019 Page 246 of 513 Uncertified Printout the test to a preelection state of readiness and the sealing of each such device in order to secure its state of readiness. (e) The testing board or its representative shall sign a written statement indicating the devices tested, the results of the testing, the protective counter numbers of each device, if applicable, the number of the seal attached to each device upon completion of the testing, any problems reported to the designated election official as a result of the testing, and whether each device tested is satisfactory or unsatisfactory. (3) Notice of the fact that the public test will take place shall be posted in the designated public place for posting notices in the county for at least seven days before the public test. The notice shall indicate the general time frame during which the test may take place and the manner in which members of the public may obtain specific information about the time and place of the test. Nothing in this subsection (3) shall preclude the use of additional methods of providing information about the public test to members of the public. (4) (a) If any tested device is found to have an error in tabulation, it shall be deemed unsatisfactory. For each device deemed unsatisfactory, the testing board shall attempt to determine the cause of the error, attempt to identify and test other devices that could reasonably be expected to have the same error, and test a number of additional devices sufficient to determine that all other devices are satisfactory. The cause of any error detected shall be corrected, and an errorless count shall be made before the voting equipment is approved. The test shall be repeated and errorless results achieved before official ballots are counted. (b) If an error is detected in the operation or output of an electronic voting device, including an error in spelling or in the order of candidates on a ballot, the problem shall be reported to the testing board and the designated election official. The designated election official shall correct the error. (c) A voting device deemed unsatisfactory shall be recoded, repaired, or replaced and shall be made available for retesting unless a sufficient number of tested backup devices is available to replace the unsatisfactory device. The backup device may not be used in the election unless the testing board or its representative determines that the device is satisfactory. The designated election official shall announce at the conclusion of the first testing the date, place, and time that an unsatisfactory device will be retested, or, at the option of the testing board, the designated election official shall notify by telephone each person who was present at the first testing of the date, place, and time of the retesting. (5) The designated election official shall keep records of all previous testing of electronic and electromechanical tabulation devices used in any election. Such records shall be available for inspection and reference during public testing by any person in attendance. The need of the testing board for access to such records during the testing shall take precedence over the need of other attendees for access so that the work of the testing board will not be hindered. Records of testing shall include, for each device, the name of the person who tested the device and the date, place, time, and results of each test. Records of testing shall be retained as part of the official records of the election in which the device is used. (6) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner of performing the logic and accuracy testing required by this section. Colorado Revised Statutes 2019 Page 247 of 513 Uncertified Printout Source: L. 2005: Entire section added, p. 1404, § 27, effective June 6; entire section added, p. 1439, § 27, effective June 6. L. 2007: (1)(b) amended, p. 1779, § 17, effective June 1. L. 2010: (1)(c) amended, (HB 10-1116), ch. 194, p. 833, § 16, effective May 5. L. 2012: (1)(c)(III) added, (HB 12-1292), ch. 181, p. 686, § 31, effective May 17. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 723, § 76, effective May 10. Editor's note: Subsection (1)(c)(III)(B) provided for the repeal of subsection (1)(c)(III), effective January 1, 2015. (See L. 2012, p. 686.) Cross references: In 2013, subsection (1)(b) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-510. Election software code - escrow - definitions. (1) As used in this section, unless the context otherwise requires, "election setup records" means the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions related to the election. (2) At the conclusion of programming and after it has been determined that a voting system is in proper working order and ready for voting, the designated election official shall deposit a copy of the election setup records for a county, statewide, or congressional vacancy election with the secretary of state no later than 5:00 p.m. on the seventh day before the election. (3) If the election setup records are modified or altered after they are submitted to the secretary of state, the designated election official shall immediately report the change to the secretary of state and deposit the modified election setup records with the secretary of state no later than noon on the day of the election. (4) The secretary of state shall retain election setup records for six months, after which the secretary of state shall return the election setup records to the designated election official. The designated election official shall retain the election setup records for the period of time for which the designated election official is required to retain official election records. (5) Election setup records deposited with the secretary of state shall not be used for any purpose, except as directed by the secretary of state or ordered by a court. The tape, diskette, cartridge, or other magnetic or electronic storage medium containing election setup records deposited with the secretary of state shall be kept in a secure location when not being used for an official purpose in accordance with this subsection (5). (6) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement this section. (7) Notwithstanding any other provision of law, election setup records deposited with the secretary of state pursuant to this section shall not be public records for purposes of article 72 of title 24, C.R.S. Source: L. 2005: Entire section added, p. 1406, § 27, effective June 6; entire section added, p. 1442, § 27, effective June 6. 1-7-511. Election software - voting equipment providers - escrow - definitions. (1) When a voting system provider submits an electronic or electromechanical voting system for Colorado Revised Statutes 2019 Page 248 of 513 Uncertified Printout certification pursuant to part 6 of article 5 of this title, the voting system provider shall place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state one copy of the election software being certified and supporting documentation. The voting system provider shall place in escrow any subsequent changes to the escrowed election software or supporting documentation. (2) An officer of the voting system provider with legal authority to bind the voting system provider shall sign a sworn affidavit that the election software in escrow is the same as the election software being used in its voting systems in this state. The officer shall ensure that the statement is true on a continuing basis. (3) As an additional requirement for certification, the voting system provider shall deposit one copy of the election software with the national software reference library at the national institute of standards and technology. (4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner and procedures that voting system providers shall follow to comply with this section. (5) As used in this section, unless the context otherwise requires, "election software" means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting. (6) Notwithstanding any other provision of law, election software and supporting documentation placed in escrow in accordance with this section shall not be public records for purposes of article 72 of title 24, C.R.S. Source: L. 2005: Entire section added, p. 1407, § 27, effective June 6; entire section added, p. 1442, § 27, effective June 6. 1-7-512. Voting system providers - duties. (1) A voting system provider under contract to provide a voting system to a political subdivision in this state shall: (a) Notify the secretary of state of the installation of any hardware, firmware, or software prior to the installation or of any change in the election software or the voting system; (b) Place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state, immediately after the installation of election software, one copy of the state certified election software that was installed in each political subdivision, along with supporting documentation; (c) Place in escrow with the secretary of state any subsequent changes to the escrowed election software or supporting documentation; (d) Provide to the secretary of state a sworn statement by an officer of the voting system provider with legal authority to bind the voting system provider attesting that the election software in escrow is the same as the election software certified for use in its voting systems in this state, and ensure that the statement is true on a continuing basis; (e) Notify the secretary of state and the designated election official of any political subdivision using its voting system of any defect in the same system known to occur anywhere; and (f) Notify the secretary of state and the designated election official of any political subdivision using its voting system of any change in the election software or the voting system. Colorado Revised Statutes 2019 Page 249 of 513 Uncertified Printout (2) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., establishing procedures for voting system providers to comply with this section. (3) As used in this section, unless the context otherwise requires, "election software" means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting. Source: L. 2005: Entire section added, p. 1408, § 27, effective June 6; entire section added, p. 1443, § 27, effective June 6. 1-7-513. Voting equipment - records. (1) The designated election official shall maintain separate, detailed records for each component of a voting system used in an election. Such records shall include, but not be limited to, the manufacturer, make, model, serial number, hardware, firmware, software version or release number, date of acquisition, description of services, repairs, maintenance, upkeep, and version upgrades, and date of performance of such services. (2) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner of maintenance of records required by this section. Source: L. 2005: Entire section added, p. 1409, § 27, effective June 6; entire section added, p. 1444, § 27, effective June 6. 1-7-514. Random audit. (1) (a) (I) Following each primary, general, coordinated, or congressional district vacancy election, the secretary of state shall publicly initiate a manual random audit to be conducted by each county. Unless the secretary approves an alternative method for a particular county that is based on a proven statistical sampling plan and will achieve a higher level of statistical confidence, the secretary shall randomly select not less than five percent of the voting devices used in each county to be audited; except that, where a central count voting device is in use in the county, the rules promulgated by the secretary pursuant to subsection (5) of this section shall require an audit of a specified percentage of ballots counted within the county. (II) For an election taking place in a county prior to the date the county has satisfied the requirements of section 1-5-802, the audit shall be for the purpose of comparing the manual tallies of the ballots counted by each voting device selected for each such audit with the corresponding tallies recorded directly by each such device. (III) For an election taking place in a county on or after the date the county has satisfied the requirements of section 1-5-802, the audit shall be conducted for the purpose of comparing the manual tallies of the voter-verified paper records produced or employed by each voting device selected for such audit with the corresponding ballot tallies recorded directly by each such device in the original election tally. (b) To the extent practicable, no voting device that is used for the random audit required by paragraph (a) of this subsection (1) shall be used for conducting the testing of voting devices for recount purposes required by section 1-10.5-102 (3)(a). (2) (a) Upon completion of the audit required by subsection (1) of this section, if there is any discrepancy between the manual tallies, as specified in accordance with the requirements of Colorado Revised Statutes 2019 Page 250 of 513 Uncertified Printout subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section, as applicable, of the voting device selected for the audit, and the corresponding tallies recorded by such devices, and the discrepancy is not able to be accounted for by voter error, the county clerk and recorder, in consultation with the canvass board of the county established pursuant to section 1-10-101, shall investigate the discrepancy and shall take such remedial action as necessary in accordance with its powers under this title. (b) Upon receiving any written complaint from a registered elector from within the county containing credible evidence concerning a problem with a voting device, the canvass board along with the county clerk and recorder shall investigate the complaint and take such remedial action as necessary in accordance with its powers under this title. (c) The canvass board and the county clerk and recorder shall promptly report to the secretary of state a description of the audit process undertaken, including any initial, interim, and final results of any completed audit or investigation conducted pursuant to paragraph (a) or (b) of this subsection (2). (3) The secretary of state shall post the reports of any completed audit or investigation received pursuant to paragraph (c) of subsection (2) of this section on the official website of the department of state not later than five business days after receiving the results of the completed audit or investigation. The clerk and recorder of the affected county may timely post the results of the completed audit or investigation on the official website of the county. (4) Any audit conducted in accordance with the requirements of this section shall be observed by at least two members of the canvass board of the county. (5) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting any audit required by this section. The rules shall account for: (a) The number of ballots cast in the county; (b) An audit of each type of voting device utilized by the county; (c) The confidentiality of the ballots cast by the electors; and (d) An audit of the voting on each office, ballot issue, and ballot question in the election. Source: L. 2005: Entire section added, p. 1409, § 27, effective June 6; entire section added, p. 1444, § 27, effective June 6. L. 2007: (1)(a)(I), (1)(a)(III), (2)(c), and (3) amended and (5)(d) added, pp. 1979, 1980, §§ 28, 29, effective August 3. L. 2009: (3) amended, (HB 091335), ch. 260, p. 1194, § 11, effective May 15. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 580, § 46, effective May 18. 1-7-515. Risk-limiting audits - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that the auditing of election results is necessary to ensure effective election administration and public confidence in the election process. Further, risk-limiting audits provide a more effective manner of conducting audits than traditional audit methods in that risk-limiting audit methods typically require only limited resources for election races with wide margins of victory while investing greater resources in close races. Colorado Revised Statutes 2019 Page 251 of 513 Uncertified Printout (b) By enacting this section, the general assembly intends that the state move toward an audit process that is developed with the assistance of statistical experts and that relies upon risklimiting audits making use of best practices for conducting such audits. (2) (a) Commencing with the 2017 coordinated election and following each primary, general, coordinated, or congressional vacancy election held thereafter, each county shall make use of a risk-limiting audit in accordance with the requirements of this section. Races to be audited shall be selected in accordance with procedures established by the secretary of state, and all contested races are eligible for such selection. (b) Upon written application from a county, the secretary of state may waive the requirements of paragraph (a) of this subsection (2) upon a sufficient showing by the county that the technology in use by the county will not enable the county to satisfy such requirements in preparation for the 2017 coordinated election. (3) Repealed. (4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to implement and administer the requirements of this section. In connection with the promulgation of the rules, the secretary shall consult recognized statistical experts, equipment vendors, and county clerk and recorders, and shall consider best practices for conducting risk-limiting audits. (5) As used in this section: (a) "Incorrect outcome" means an outcome that is inconsistent with the election outcome that would be obtained by conducting a full recount. (b) "Risk-limiting audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. Source: L. 2009: Entire section added, (HB 09-1335), ch. 260, p. 1195, § 12, effective May 15. L. 2013: (2) amended and (3) repealed, (HB 13-1303), ch. 185, p. 723, § 77, effective May 10. Cross references: In 2013, subsection (2) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 6 ELECTION RETURNS 1-7-601. Judges' certificate and statement. (1) As soon as all the votes have been read and counted, either at the precincts or at the electronic balloting counting centers, the election judges shall make a certificate for each precinct, stating the name of each candidate, the office for which that candidate received votes, and stating the number of votes each candidate received. The number shall be expressed in numerical figures. The entry shall be made, as nearly as circumstances will permit, in the following form: Colorado Revised Statutes 2019 Page 252 of 513 Uncertified Printout At an election held ...................., in precinct ......, in the county of .................... and state of Colorado, on the .................... day of .................... in the year ......, the following named candidates received the number of votes annexed to their respective names for the following described offices: Total number of ballots or votes cast was ..... A.B. and E.F. had 72 votes for governor and lieutenant governor; C.D. and G.H. had 69 votes for governor and lieutenant governor; J.K. had 68 votes for representative in congress; L.M. had 70 votes for representative in congress; N.O. had 72 votes for state representative; P.Q. had 71 votes for state representative; R.S. had 84 votes for sheriff; T.W. had 60 votes for sheriff; (and the same manner for any other persons voted for). Certified by us: A.B. ) C.D. ) E.F. ) Election Judges (1.5) In addition to the information required by subsection (1) of this section, the certificate prepared by the election judges for each precinct shall state the ballot title and submission clause of any ballot issue or ballot question voted upon in the election and the number of votes counted for and against the ballot issue or ballot question. (2) In addition, the election judges shall make a written statement showing the number of ballots voted, making a separate statement of the number of unofficial and substitute ballots voted, the number of ballots delivered to electors, the number of spoiled ballots, the number of ballots not delivered to electors, and the number of ballots returned, identifying and specifying the same. All unused ballots, spoiled ballots, and stubs of ballots voted shall be returned with the statement. (3) Any judges' certificates and statements may be combined into one document if so directed by the designated election official. Source: L. 92: Entire article R&RE, p. 750, § 9, effective January 1, 1993. L. 93: (3) added, p. 1422, § 78, effective July 1. L. 2007: (1) amended and (1.5) added, p. 1980, § 30, effective August 3. Editor's note: This section is similar to former § 1-7-310 as it existed prior to 1992. 1-7-602. Judges to post returns. (Repealed) Source: L. 92: Entire article R&RE, p. 750, § 9, effective January 1, 1993. L. 2004: Entire section amended, p. 1359, § 23, effective May 28. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-603. Alternative preparation of election returns - procedures. If any designated election official wishes to count the votes cast at a location or by a method other than authorized Colorado Revised Statutes 2019 Page 253 of 513 Uncertified Printout by this code, the designated election official may present a plan, for approval by the secretary of state, that delineates the process for assuring accuracy and confidentiality of counting. The plan shall be submitted to the secretary of state and approved no later than forty-five days before the election at which the plan is to be implemented. Source: L. 93: Entire section added, p. 1422, § 79, effective July 1. L. 99: Entire section amended, p. 775, § 52, effective May 20. PART 7 DELIVERY OF ELECTION RETURNS 1-7-701. Delivery of election returns, ballot boxes, and other election papers. When all the votes have been read and counted, the election judges selected in accordance with section 1-6-109.5 shall deliver to the designated election official the certificate and statement required by section 1-7-601, ballot boxes and all keys to the boxes, paper tapes, "proms" or other electronic devices, the registration records, pollbooks, accounting forms, spoiled ballots, unused ballots, ballot stubs, oaths, affidavits, and other election papers and supplies. The delivery must be made at once and with all convenient speed, and informality in the delivery does not invalidate the vote of any precinct when delivery has been made previous to the completion of the official abstract of the votes by the board of canvassers. The designated election official shall give a receipt for all items delivered. Source: L. 92: Entire article R&RE, p. 751, § 9, effective January 1, 1993. L. 98: Entire section amended, p. 586, § 27, effective April 30. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 581, § 47, effective May 18. Editor's note: This section is similar to former § 1-7-601 as it existed prior to 1992. PART 8 PRESERVATION OF BALLOTS AND ELECTION RECORDS 1-7-801. Ballots preserved. The designated election official shall remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to section 1-7-802. Source: L. 92: Entire article R&RE, p. 751, § 9, effective January 1, 1993. L. 93: Entire section R&RE, p. 1422, § 80, effective July 1. Editor's note: This section is similar to former § 1-7-701 as it existed prior to 1992. 1-7-802. Preservation of election records. The designated election official shall be responsible for the preservation of any election records for a period of at least twenty-five months after the election or until time has expired for which the record would be needed in any Colorado Revised Statutes 2019 Page 254 of 513 Uncertified Printout contest proceedings, whichever is later. Unused ballots may be destroyed after the time for a challenge to the election has passed. If a federal candidate was on the ballot, the voted ballots and any other required election materials shall be kept for at least twenty-five months after the election. Source: L. 92: Entire article R&RE, p. 752, § 9, effective January 1, 1993. L. 93: Entire section amended, p. 1422, § 81, effective July 1. L. 99: Entire section amended, p. 775, § 53, effective May 20. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2062, § 1, effective August 11. Editor's note: This section is similar to former § 1-7-702 as it existed prior to 1992. PART 9 BALLOT ISSUE NOTICES Editor's note: This part 9 was added in 1994. This part 9 was amended with relocations in 1996, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 9 prior to 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 1-7-901. Receipt of comments concerning ballot issues. (1) Each political subdivision shall accept written comments concerning ballot issues in accordance with this section. (2) All comments filed in writing will be received and kept on file with the designated election official for the political subdivision submitting to its eligible electors the ballot issue to which the comments pertain. However, only those comments that are filed by persons eligible to vote in the political subdivision submitting the ballot issue to its electors must be summarized in the ballot issue notice. The filed comments shall be retained by the designated election official as election records. (3) To be summarized in the ballot issue notice, the comments shall address a specific ballot issue and shall include a signature and an address where the signor is registered to vote and shall be filed with the designated election official for the political subdivision and not the county clerk and recorder of the county in which the political subdivision is located unless the issue is a county issue for which the county clerk and recorder is the designated election official. (4) Since section 20 (3)(b)(v) of article X of the state constitution requires that comments pertaining to a ballot issue be filed by forty-five days before the election and since such day is always a Saturday, all comments shall be filed by noon on the Friday before the forty-fifth day before the election. Source: L. 96: Entire part amended with relocations, p. 1747, § 44, effective July 1. L. 97: (4) amended, p. 1099, § 1, effective May 27. L. 99: (4) amended, p. 775, § 54, effective May 20. L. 2018: (4) amended, (SB 18-233), ch. 262, p. 1611, § 22, effective May 29. Colorado Revised Statutes 2019 Page 255 of 513 Uncertified Printout 1-7-902. Preparation of fiscal information. A governing body submitting a referred measure, or its designee, shall be responsible for providing to its designated election official the fiscal information that must be included in the ballot issue notice. For political subdivisions, the governing body shall be the board that authorized submission of the ballot issue to the electorate. Source: L. 96: Entire part amended with relocations, p. 1747, § 44, effective July 1. L. 2000: Entire section amended, p. 299, § 9, effective August 2. 1-7-903. Preparation of written comments. (1) For referred measures, the designated election official shall summarize the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice. (2) For initiated measures, the petition representatives shall be solely responsible for summarizing all comments filed in favor of the ballot issue. The designated election official shall summarize all comments filed in opposition to the ballot issue. (3) Petition representatives required to summarize favorable comments in favor of their petition shall submit the summary in typewritten form to the designated election official for the jurisdiction in which the petition is presented no later than forty-four days before the election. If a summary is not filed by the petition representatives within the time allowed, the designated election official shall print the following in the ballot issue notice where the summary would appear: "No summary was filed by the statutory deadline." (3.5) For political subdivisions of the state, including but not limited to special districts, that have no designated election official, the governing body of a political subdivision shall be solely responsible for preparing the summary of the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice required by section 20 (3)(b)(v) of article X of the state constitution. (4) If no comments are filed in opposition to or in support of a ballot issue, the designated election official shall not prepare any summaries and shall state substantially the following in the ballot issue notice where the summary or summaries would appear: "No comments were filed by the constitutional deadline." (5) The provisions of this section shall not apply to a statewide ballot issue that is subject to the provisions of section 1 (7.5) of article V of the state constitution. Source: L. 96: Entire part amended with relocations, p. 1747, § 44, effective July 1. L. 97: (3) amended, p. 1099, § 2, effective May 27. L. 99: (3) amended, p. 776, § 55, effective May 20. L. 2010: (3.5) added, (HB 10-1116), ch. 194, p. 833, § 17, effective May 5. L. 2018: (3) amended, (SB 18-233), ch. 262, p. 1611, § 23, effective May 29. 1-7-904. Transmittal of notices. Notwithstanding the provision for independent mail ballot elections in section 1-7-116 (1), the designated election official or the official's designee for a political subdivision conducting an election in November shall prepare and deliver to the county clerk and recorder for the county or counties in which the political subdivision is located no later than forty-three days before the election the full text of any required ballot issue notices. Source: L. 96: Entire part amended with relocations, p. 1748, § 44, effective July 1. L. 97: Entire section amended, p. 1100, § 3, effective May 27. L. 99: Entire section amended, p. Colorado Revised Statutes 2019 Page 256 of 513 Uncertified Printout 776, § 56, effective May 20. L. 2000: Entire section amended, p. 299, § 10, effective August 2. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1612, § 24, effective May 29. 1-7-905. Preparation of notices. (1) For coordinated elections, the county clerk and recorder is responsible for placing the ballot issue notices received from the various political subdivisions participating in the election in the proper order in the ballot issue notice packet. As nearly as practicable, the notice must be in the order the ballot issues will appear on the ballot. The ballot issue notice must be followed by a certification by the county clerk and recorder that the ballot issue notices are complete as submitted by the political subdivisions. No additional information may be included as part of the ballot issue notice except as may be required by law. A general disclaimer may precede or follow the ballot issue notice which states: "The information contained in this notice was prepared by persons required by law to provide summaries of ballot issues and fiscal information." (2) The designated election officials of overlapping political subdivisions conducting an election other than a coordinated election shall confer concerning the preparation of the ballot issue notice no later than forty days prior to the date of the election. The political subdivisions conducting the election shall provide for preparation of any required ballot issue notice package by agreement in a form substantially as provided in section 1-7-116. Source: L. 96: Entire part amended with relocations, p. 1748, § 44, effective July 1. L. 99: (2) amended, p. 776, § 57, effective May 20. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 581, § 48, effective May 18. 1-7-905.5. Form of notice. (1) The ballot issue notice must begin with the words "All registered voters", regardless of whether the electors of the political subdivision must be registered electors to be eligible to vote in the election, and ends at the conclusion of the summary of comments. Any information concerning procedure for an election or other information included with the ballot issue notice prior to the words "All registered voters", or after the conclusion of the summary of comments, are not deemed to be part of the ballot issue notice. (2) Repealed. Source: L. 96: Entire part amended with relocations, p. 1748, § 44, effective July 1. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 724, § 78, effective May 10. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 581, § 49, effective May 18. L. 2019: (2) repealed, (HB 191278), ch. 326, p. 3029, § 39, effective August 2. Editor's note: Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 257 of 513 Uncertified Printout (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7-906. Mailing of notices. (1) For coordinated elections, the county clerk and recorder as coordinated election official shall mail the ballot issue notice packet to each address of one or more active registered electors who reside in the county or portions of the county in which registered voters of those districts submitting ballot issues reside. (2) The designated election official for the various political subdivisions shall be responsible for mailing the required notice to each address of one or more active registered electors who do not reside within the county or counties where the political subdivision is located. (3) The political subdivisions shall by agreement, in a form substantially as provided in sections 1-7-116 and 1-7-905, provide for mailing of any required ballot issue notice package for elections conducted other than coordinated elections. Source: L. 96: Entire part amended with relocations, p. 1749, § 44, effective July 1. L. 2016: (1) and (3) amended, (SB 16-142), ch. 173, p. 581, § 50, effective May 18. 1-7-907. Ballot issue notice. The ballot issue notice shall be prepared and mailed in substantial compliance with section 20 of article X of the state constitution, the provisions of this title, and the rules and regulations of the secretary of state. Source: L. 96: Entire part amended with relocations, p. 1749, § 44, effective July 1. Editor's note: This section is similar to former § 1-5-206.5 as it existed prior to 1996. 1-7-908. Additional notice - election to create financial obligation. (1) (a) A district submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the district shall post notice of the following information on the district's website or, if the district does not maintain a website, at the district's chief administrative office no later than twenty days before the election: (I) The district's ending general fund balance for the last four fiscal years and the projected ending general fund balance for the current fiscal year; (II) A statement of the total revenues in and expenditures from the district's general fund for the last four fiscal years and the projected total revenues in and expenditures from the general fund for the current fiscal year; (III) The amount of any debt or other financial obligation incurred by the district for each of the last four fiscal years for cash flow purposes that has a term of not more than one year and the amount of any such financial obligation projected for the current fiscal year; (IV) A statement as to whether the district's emergency reserve required by section 20 (5) of article X of the state constitution has been fully funded by cash or investments for the current fiscal year and each of the last four fiscal years and an identification of the funds or accounts in which the reserve is currently held. If the reserve has not been fully funded, the notice shall include a statement of the reasons the reserve has not been fully funded. Colorado Revised Statutes 2019 Page 258 of 513 Uncertified Printout (V) The location or locations at which any person may review the district's audited financial statements for the last four fiscal years, any management letters that have been made public and have been provided to the district by its auditors in connection with the preparation of its audits for the last four fiscal years, and the district's budget for the current fiscal year. (b) If the debt or other financial obligation for which the district is seeking voter approval is to be paid from a revenue source that is accounted for in a fund other than the district's general fund, the information required by subparagraphs (I) and (II) of paragraph (a) of this subsection (1) shall also be made available for such other fund. (c) The information required by subparagraphs (I), (II), (III), and (IV) of paragraph (a) of this subsection (1) shall be based upon audited figures. If no audited figures are available, the information shall be based upon estimated figures. (2) The notice required by this section shall be in addition to and shall not substitute, replace, or be combined with any other notice required by law. (3) For purposes of this section, "district" shall have the same meaning as set forth in section 20 (2)(b) of article X of the state constitution. Source: L. 2003: Entire section added, p. 748, § 1, effective August 6. PART 10 RANKED VOTING METHODS 1-7-1001. Short title. This part 10 shall be known and may be cited as the "Voter Choice Act". Source: L. 2008: Entire part added, p. 1249, § 2, effective August 5. 1-7-1002. Ranked voting methods - report - definitions. (1) As used in this part 10, unless the context otherwise requires, "local government" means a statutory city or town or a special district created pursuant to article 1 of title 32, C.R.S. (2) A local government may conduct an election using a ranked voting method if: (a) The use of the ranked voting method in the local government is not prohibited by the charter of the local government; and (b) The election is conducted with a system of casting, recording, and tabulating votes that is capable of conducting the election using ranked voting and that has been approved by the governing body and the designated election official of the local government. (3) The secretary of state shall submit a report to the state, veterans, and military affairs committees, or any successor committees, of the house of representatives and the senate no later than February 15, 2011, that includes, but is not limited to: (a) An assessment of all elections conducted using ranked voting methods by local governments in accordance with this part 10 and by home rule cities or cities and counties in accordance with their charters from August 5, 2008, through the general election of November 2010; Colorado Revised Statutes 2019 Page 259 of 513 Uncertified Printout (b) Recommendations for changes to statutes, rules, and local voting procedures that would be required to implement ranked voting as a permanent alternative election method for state, federal, and local special and general elections; (c) An inventory of available election equipment necessary for conducting elections using ranked voting methods, including the costs associated with the equipment; and (d) Any recommendations made by the designated election officials of local governments that conducted an election using a ranked voting method. Source: L. 2008: Entire part added, p. 1249, § 2, effective August 5. 1-7-1003. Conduct of elections using ranked voting methods - instant runoff voting choice voting or proportional voting - reports. (1) A ranked voting ballot shall allow an elector to rank as many choices as there are candidates. However, if the voting system cannot accommodate a number of rankings equal to the number of candidates, the designated election official may limit the number of choices an elector may rank to the maximum number allowed by the voting system; except that the number of choices shall not be less than three. (2) A ranked voting ballot shall allow an elector to rank up to two write-in candidates. A vote for an unqualified write-in candidate shall not be considered a mark for a candidate. (3) (a) In an election in which one candidate is to be elected to an office, the ranked voting method shall be known as instant runoff voting. The ballots shall be counted in rounds simulating a series of runoffs until two candidates remain or until one candidate has more votes than the combined vote total of all other candidates. The candidate having the greatest number of votes shall be declared the winner. (b) In each round of counting ballots in an election using instant runoff voting, each ballot shall be counted as a vote for the remaining candidate ranked highest by the elector, and the candidate with the smallest number of votes shall be eliminated. (c) If two or more candidates tie for the smallest number of votes, the candidate to eliminate shall be chosen by lot. (4) In an election in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats, a local government may conduct a ranked voting election using the single transferable vote method, in which a winning threshold is calculated based on the number of seats to be filled and the number of votes cast so that no more than the correct number of candidates can win. The ballots shall be counted in rounds, with surplus votes transferred from winning candidates and candidates with the fewest votes eliminated according to the methodology established by the secretary of state by rule, until the number of candidates remaining equals the number of seats to be filled. A local government may also conduct an election pursuant to this subsection (4) using the principles of instant runoff voting specified in subsection (3) of this section to ensure that each elector has equal voting power and that an elector's lower ranking of a candidate does not count against the candidate to whom the elector gave the highest rank. (5) (a) In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot. (b) A local government that conducts an election using a ranked voting method shall conduct a voter education and outreach campaign to familiarize electors with ranked voting in Colorado Revised Statutes 2019 Page 260 of 513 Uncertified Printout English and in every language in which a ballot is required to be made available pursuant to this code and the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq. (6) In an election using a ranked voting method, the election judges shall not count votes at the polling location but shall deliver all ballots cast in the election to the designated election official, which shall count the votes in accordance with this section and the rules adopted by the secretary of state pursuant to section 1-7-1004 (1). (7) (a) For an election conducted using a ranked voting method, the designated election official shall issue the following reports: (I) A summary report listing the total number of votes for each candidate in each round; (II) A ballot image report listing for each ballot the order in which the elector ranked the candidates, the precinct of the ballot, and whether the ballot is a mail ballot; and (III) A comprehensive report listing the results in the summary report by precinct. (b) The secretary of state may by rule establish additional requirements for the reports issued pursuant to this subsection (7). (c) Preliminary versions of the summary report and ballot image report shall be made available to the public as soon as possible after the commencement of the official canvass of the vote pursuant to subsection (6) of this section. Source: L. 2008: Entire part added, p. 1250, § 2, effective August 5. L. 2009: (5)(b) amended, (SB 09-292), ch. 369, p. 1938, § 2, effective August 5. L. 2013: (5)(a), (6), and (7)(a)(II) amended, (HB 13-1303), ch. 185, p. 724, § 79, effective May 10. L. 2016: (5)(b) amended, (SB 16-142), ch. 173, p. 582, § 51, effective May 18. Cross references: In 2013, subsections (5)(a), (6), and (7)(a)(II) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7-1004. Secretary of state - rules - guidance to local governments. (1) The secretary of state shall adopt rules consistent with section 1-7-1003 and in accordance with article 4 of title 24, C.R.S., on the conduct of elections using ranked voting methods. The rules shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an election using a ranked voting method. (2) The secretary of state shall provide guidance and advice to the governing bodies and designated election officials of local governments of the state on the conduct of elections using ranked voting methods. Source: L. 2008: Entire part added, p. 1252, § 2, effective August 5. ARTICLE 7.5 Mail Ballot Elections Editor's note: This article was added in 1990. This article was repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory Colorado Revised Statutes 2019 Page 261 of 513 Uncertified Printout note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index. Law reviews: For article, "Voting Under Colorado's Mail Ballot Election Act", see 21 Colo. Law. 941 (1992). PART 1 MAIL BALLOT ELECTIONS 1-7.5-101. Short title. This article shall be known and may be cited as the "Mail Ballot Election Act". Source: L. 92: Entire article R&RE, p. 752, § 10, effective January 1, 1993. Editor's note: This section is similar to former § 1-7.5-101 as it existed prior to 1992. 1-7.5-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that self-government by election is more legitimate and better accepted as voter participation increases. By enacting this article, the general assembly hereby concludes that it is appropriate to provide for mail ballot elections under specified circumstances. (2) Recognizing the continued need for in-person voting options through early voting and on election day, the general assembly finds that mail ballot elections conducted by the county clerk and recorder must include voter service and polling centers so voters can register to vote, update voter registration information, and vote in person. (3) Nothing in this code prevents a political subdivision from conducting an independent mail ballot election in accordance with article 13.5 of this title. Source: L. 92: Entire article R&RE, p. 752, § 10, effective January 1, 1993. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 834, § 18, effective May 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 724, § 80, effective May 10. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 4, § 4, effective February 18. Editor's note: This section is similar to former § 1-7.5-102 as it existed prior to 1992. Cross references: (1) In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-7.5-103. Definitions. As used in this article 7.5, unless the context otherwise requires: (1) "Designated election official" means official as defined in section 1-1-104 (8). Colorado Revised Statutes 2019 Page 262 of 513 Uncertified Printout (2) "Election" means any election under the "Uniform Election Code of 1992" or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S. (3) "Election day" means the date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set. (3.5) "Independent mail ballot election" has the meaning set forth in section 1-13.51102. (4) "Mail ballot election" means an election for which eligible electors receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election. (5) "Mail ballot packet" means the packet of information provided by the designated election official to eligible electors in the mail ballot election and to persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a return envelope, and, if applicable, a secrecy envelope or sleeve. (6) "Political subdivision" means a governing subdivision of the state, including counties, municipalities, school districts, and special districts. (7) "Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. (8) "Secrecy envelope" means the envelope or sleeve used for a mail ballot election that contains the eligible elector's ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election. Source: L. 92: Entire article R&RE, p. 752, § 10, effective January 1, 1993. L. 94: (4) amended, p. 1166, § 38, effective July 1. L. 2003: (5) and (7) amended, p. 1277, § 4, effective April 22. L. 2009: (4) amended, (HB 09-1015), ch. 259, p. 1184, § 3, effective August 5. L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 725, § 81, effective May 10; (5) amended, (HB 13-1135), ch. 184, p. 678, § 5, effective August 7. L. 2014: (4), (5), and (8) amended and (3.5) added, (HB 14-1164), ch. 2, p. 5, § 5, effective February 18. L. 2018: IP, (5), and (7) amended, (SB 18-233), ch. 262, p. 1612, § 25, effective May 29. Editor's note: This section is similar to former § 1-7.5-103 as it existed prior to 1992. Cross references: (1) For the "Uniform Election Code of 1992", see articles 1 to 13 of this title. (2) In 2013, subsection (4) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Colorado Revised Statutes 2019 Page 263 of 513 Uncertified Printout 1-7.5-104. Mail ballot elections - applicability - optional for political subdivisions other than a county. For all general, primary, odd-year, coordinated, recall, and congressional vacancy elections, the county clerk and recorder shall conduct the election by mail ballot under the supervision of, and subject to rules promulgated in accordance with article 4 of title 24, C.R.S., by, the secretary of state. Source: L. 92: Entire article R&RE, p. 753, § 10, effective January 1, 1993. L. 93: (2) amended, p. 1422, § 82, effective July 1. L. 94: (1) amended, p. 1166, § 39, effective July 1. L. 2009: (2) amended, (HB 09-1015), ch. 259, p. 1184, § 4, effective August 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 725, § 82, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 582, § 52, effective May 18. Editor's note: This section is similar to former § 1-7.5-104 as it existed prior to 1992. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-104.5. Ballots and supplies for mail voting. (1) The county clerk and recorder or designated election official shall provide mail ballots, affidavits, certificates, envelopes, instruction cards, and other necessary supplies in the same manner as other election supplies are provided for in all elections and without cost to any eligible elector wishing to vote pursuant to this article. (2) (a) The ballots must be in the same form as other official ballots for the same election. (b) The approved form must include, at a minimum: (I) Instructions to return a copy of identification with the ballot for first-time electors who are required to provide identification in accordance with section 1-2-501; (I.5) [Editor's note: This subsection (2)(b)(I.5) is effective July 1, 2020.] Instructions to provide a signature for verification with the ballot for first-time electors who do not have a signature stored in the statewide voter registration system; (II) Information regarding the availability of accessible voting systems in elections coordinated by the county clerk and recorder; (III) Information regarding how to vote and return the ballot or obtain a replacement; and (IV) Instructions to include adequate postage. (3) In counties including more than one state senatorial district or more than one state representative district, or both, mail ballots must be provided in a manner to be determined by the county clerk and recorder for each combination of state legislative districts. Distinctive markings or colors may be used to identify political subdivisions when such colors or distinctive markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist of one or more pages or cards so long as each page or card is numbered and identified as provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots to be cast on voting machines as well as to paper ballots and ballot cards that can be electronically counted. Colorado Revised Statutes 2019 Page 264 of 513 Uncertified Printout (4) (a) On the mail ballot instructions, the following statements must be printed: "All ballots are counted in the same manner." and "You must sign the affirmation on the envelope. Do not sign, initial, or print your name on the ballot." (b) The mail ballot instructions shall contain information on how the elector may verify that his or her mail ballot has been received by the county clerk and recorder or designated election official as provided in section 1-7.5-207. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 725, § 83, effective May 10. L. 2018: (4)(a) amended, (SB 18-233), ch. 262, p. 1612, § 26, effective July 1. L. 2019: (2)(b)(I.5) added, (SB 19-235), ch. 329, p. 3055, § 6, effective July 1, 2020. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-105. Preelection process - rules. (1) The county clerk and recorder or designated election official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later than one hundred twenty days prior to the election. The proposed plan may be based on the standard plan adopted by the secretary of state by rule. (1.3) The election plan required under subsection (1) of this section must include, at a minimum: (a) The address and hours of operation for each voter service and polling center; (b) The address and hours of operation for each ballot drop-off location, including the location of each drop box; (c) A throughput analysis for each designated voter service and polling center that addresses: (I) The number of electors anticipated at the center during its operation; (II) If the center was used in a previous election, the wait times and number of electors that used the center in the previous election; and (III) The number of election judges, check-in stations, printers, and other equipment that will be in use at the center; (d) A copy of the mail ballot packet that will be used in the election; (e) A copy of the signature card that will be used for in-person voting in accordance with section 1-7-110; (f) Copies of all forms that will be available or provided to electors to cure deficiencies or errors during the election with the county-specific information filled in; and (g) Such other information as the secretary of state may require. (1.5) Repealed. (2) (a) The secretary of state shall approve or disapprove the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within fifteen days after receiving the plan and shall provide a written notice to the affected political subdivision. (b) Repealed. Colorado Revised Statutes 2019 Page 265 of 513 Uncertified Printout (c) The secretary of state may promulgate rules concerning the submission and approval of election plans. (3) The county clerk and recorder or designated election official shall supervise the distribution, handling, and counting of ballots and the survey of returns in accordance with rules promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. (4) No elector information shall be delivered in the form of a sample ballot. Source: L. 92: Entire article R&RE, p. 753, § 10, effective January 1, 1993. L. 93: (1) amended, p. 1423, § 83, effective July 1. L. 94: (1) amended, p. 1166, § 40, effective July 1. L. 95: (1) amended, p. 840, § 61, effective July 1. L. 2007: (1) and (2) amended, p. 922, § 1, effective May 17. L. 2009: (1.5) added and (2) amended, (HB 09-1015), ch. 259, p. 1184, § 5, effective August 5. L. 2010: (1) and (2)(a) amended, (HB 10-1116), ch. 194, p. 834, § 19, effective May 5; (2)(b) amended, (HB 10-1422), ch. 419, p. 2062, § 2, effective August 11. L. 2012: (1) and (1.5)(a) amended, (HB 12-1292), ch. 181, p. 686, § 32, effective May 17. L. 2013: (1) and (3) amended and (1.5) and (2)(b) repealed, (HB 13-1303), ch. 185, p. 726, § 84, effective May 10. L. 2019: (1) amended and (1.3) and (2)(c) added, (HB 19-1278), ch. 326, p. 3029, § 40, effective August 2. Editor's note: (1) This section is similar to former § 1-7.5-105 as it existed prior to 1992. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsections (1) and (3) were amended and subsections (1.5) and (2)(b) were repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7.5-106. Secretary of state - duties and powers. (1) In addition to any other duties prescribed by law, the secretary of state, with advice from election officials of the several political subdivisions, shall: (a) Prescribe the form of materials to be used in the conduct of mail ballot elections; except that all mail ballot packets shall include a ballot, instructions for completing the ballot, and a return envelope; (b) Establish procedures for conducting mail ballot elections; except that the procedures shall be consistent with section 1-7.5-107; (c) Supervise the conduct of mail ballot elections by the election officials as provided in section 1-7.5-105 (3). (2) In addition to other powers prescribed by law, the secretary of state may adopt rules governing procedures and forms necessary to implement this article and may appoint any county clerk and recorder as an agent of the secretary to carry out the duties prescribed in this article. Colorado Revised Statutes 2019 Page 266 of 513 Uncertified Printout Source: L. 92: Entire article R&RE, p. 754, § 10, effective January 1, 1993. L. 2001: (1)(a) amended, p. 1003, § 10, effective August 8. L. 2003: (1)(a) amended, p. 1278, § 5, effective April 22. L. 2018: (1)(a) amended, (SB 18-233), ch. 262, p. 1612, § 27, effective May 29. Editor's note: This section is similar to former § 1-7.5-106 as it existed prior to 1992. 1-7.5-106.5. Registration record - list of mail ballots. (1) Before any mail ballot is delivered or mailed or before any eligible elector is permitted to cast a vote at an election where the county clerk and recorder is the designated election official, the designated election official shall record the date the ballot is delivered or mailed in the statewide voter registration database. (2) For nonpartisan elections coordinated by the county clerk and recorder, voters shall be recorded in the statewide voter registration database. (3) The county clerk and recorder or designated election official shall record in the statewide voter registration system created in section 1-2-301 (1) the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the county clerk and recorder shall record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 727, § 85, effective May 10. L. 2017: (3) amended, (SB 17-305), ch. 216, p. 844, § 6, effective August 9. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-107. Procedures for conducting mail ballot election - primary elections - firsttime voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - repeal. (1) Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secretary of state; except that mail ballot packets shall be prepared in accordance with this article. (2) Repealed. (2.3) (Deleted, 2016.) (2.5) Repealed. (2.7) Subsequent to the preparation of ballots in accordance with section 1-5-402 but prior to the mailing required under subsection (3) of this section, and no sooner than forty-five days nor later than thirty-two days before an election, a designated election official shall provide a mail ballot to a registered elector requesting the ballot at the designated election official's office or the office designated in the election plan filed with the secretary of state. (3) (a) (I) Not sooner than twenty-two days before a general, primary, or other mail ballot election, and no later than eighteen days before the election, the county clerk and recorder or designated election official shall mail to each active registered elector, at the last mailing Colorado Revised Statutes 2019 Page 267 of 513 Uncertified Printout address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED.", or any other similar statement that is in accordance with United States postal service regulations. For a primary mail ballot election, active registered electors includes preregistrants eligible to vote in that primary under section 1-2-101 (2)(c). Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq. (II) If the twenty-second day before a general, primary, or other mail ballot election is a Saturday, Sunday, or legal holiday, the county clerk and recorder or designated election official may mail ballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second day. (b) The ballot or ballot label shall contain the following warning: WARNING: Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both. (b.5) (I) (A) The return envelope must have printed on it a self-affirmation substantially in the following form: I state under penalty of perjury that I am an eligible elector; that my signature and name are as shown on this envelope; that I have not and will not cast any vote in this election except by the enclosed ballot; and that my ballot is enclosed in accord with the provisions of the "Uniform Election Code of 1992". ............................................................ DateSignature of voter (B) The return envelope must have printed below the signature line the affirmation required by section 1-2-205 (2). (II) The signing of the self-affirmation on the return envelope shall constitute an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the selfaffirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person. (III) The return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device. (c) Repealed. (d) An eligible elector may obtain a replacement ballot if the ballot was destroyed, spoiled, lost, or for some other reason not received by the eligible elector. An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed. The designated election official shall keep a record of each ballot issued in accordance with this paragraph (d). Colorado Revised Statutes 2019 Page 268 of 513 Uncertified Printout (3.5) (a) Unless otherwise provided by section 1-2-201 (5), the requirements of this subsection (3.5) apply to a person who registered to vote in accordance with article 2 of this title and who has not previously voted in an election in Colorado. (b) Any person who matches the description specified in subsection (3.5)(a) of this section and intends to cast his or her ballot by mail in accordance with this article 7.5 shall submit with his or her mail ballot a copy of identification within the meaning of section 1-1-104 (19.5). (c) The county clerk and recorder or designated election official shall include with the mail ballot packet required by paragraph (a) of subsection (3) of this section written instructions advising an elector who matches the description specified in paragraph (a) of this subsection (3.5) of the manner in which the elector shall be in compliance with the requirements contained in paragraph (a) of this subsection (3.5). (d) Any person who desires to cast his or her ballot by mail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail. The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section. If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted. (e) The requirements of this subsection (3.5) shall be implemented by state and local election officials in a uniform and nondiscriminatory manner. (f) Notwithstanding any other provision of law, the requirements of this subsection (3.5) do not apply to any person who is: (I) Entitled to vote by absentee ballot under the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.; (II) Provided the right to vote otherwise than in person under section (b)(2)(B)(ii) of the federal "Voting Accessibility for the Elderly and Handicapped Act", 52 U.S.C. sec. 20102 et seq.; or (III) Entitled to vote otherwise than in person under any other federal law. (4) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, enclose identification if required by subsection (3.5) of this section, and comply with the instructions provided with the ballot. (b) (I) The eligible elector may: (A) Return the marked ballot to the county clerk and recorder or designated election official by United States mail or by depositing the ballot at the office of the county clerk and recorder or designated election official or at any voter service and polling center, drop box, or drop-off location designated by the county clerk and recorder or designated election official as specified in the election plan filed with the secretary of state. The ballot must be returned in the return envelope. (B) Deliver the ballot to any person of the elector's own choice or to any duly authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and Colorado Revised Statutes 2019 Page 269 of 513 Uncertified Printout recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery; or (C) Cast his or her vote in person at the voter service and polling center. (II) If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office of the county clerk and recorder or designated election official, a drop box, or a designated drop-off location, which must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election. (III) A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be voting more than once pursuant to section 1-13-710. (IV) Nothing in subparagraph (II) of this paragraph (b) affects or supersedes provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113. (c) and (d) Repealed. (4.3) (a) (I) For any election, other than a general election, for which a county clerk and recorder is the designated election official, there must be a minimum number of drop boxes where mail ballots may be deposited equal to at least one drop box for each thirty thousand active registered electors in the county; except that, if the district or political subdivision for which the election is being conducted is less populous than the county, the county clerk and recorder shall designate at least one drop box for each thirty thousand current active registered electors eligible to vote in that election. The drop boxes must be arrayed throughout the county in a manner that provides the greatest convenience to electors. Each drop box must comply with the secretary of state's current security rules. (II) On and after January 1, 2020, for a presidential primary or November coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the county clerk and recorder shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III). (III) A county may establish additional drop-off locations at the county's discretion. Each drop-off location must be supervised in accordance with section 1-5-102.9 (5)(e). (b) The minimum number of drop boxes described in subsection (4.3)(a) of this section must accept mail ballots delivered by electors during, at a minimum, the seven days prior to and including the day of the election. (4.5) (a) (I) For any primary or November coordinated election, the county clerk and recorder shall designate voter service and polling centers equal to no fewer than the number of county motor vehicle offices in the county; except that each county shall have no fewer than one voter service and polling center, and, for counties with fewer than twenty-five thousand active registered electors, only one voter service and polling center is required. The county clerk and recorder may add additional voter service and polling center locations as necessary. (II) Repealed. (III) (A) On and after January 1, 2020, for a presidential primary or November coordinated election, from the eighth day before the election until the second day before the Colorado Revised Statutes 2019 Page 270 of 513 Uncertified Printout election, the county clerk and recorder shall designate at least one voter service and polling center on each campus of a state institution of higher education that has ten thousand or more enrolled students, and on the day before the election and on election day, the county clerk and recorder shall designate at least one voter service and polling center on each campus of a state institution of higher education located within the county that has three thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III). (B) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) may count toward the minimum requirements of subsection (4.5)(a)(I) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) must be in addition to the minimum requirements of subsection (4.5)(a)(I) of this section. (b) (Deleted by amendment, L. 2013.) (b.5) For any election, other than a general, primary, or November coordinated election, for which the county clerk and recorder is the designated election official, the county clerk and recorder shall designate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election. (c) The minimum number of voter service and polling centers shall be open during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays. (d) In designating voter service and polling centers under this subsection (4.5), a county clerk and recorder shall take into account the factors described under section 1-5-102.9 (1)(c)(I). (4.7) For the purposes of subsections (4.3) and (4.5) of this section, the number of active registered electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater. (5) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box. (b) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 834, § 20, effective May 5, 2010.) (c) For any election conducted with or coordinated by a county clerk and recorder, the signature of the eligible elector on the return envelope shall be compared with the signature of the eligible elector on file in the office of the county clerk and recorder or in the statewide voter registration system in accordance with section 1-7.5-107.3. (6) All deposited ballots shall be counted as provided in this article and by rules promulgated by the secretary of state. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 17-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has returned more than one ballot, the first ballot received is the accepted ballot. All candidates and issues for which the voter is eligible to vote Colorado Revised Statutes 2019 Page 271 of 513 Uncertified Printout will be counted on the accepted ballot. Rejected ballots shall be handled in the same manner as provided in sections 1-7.5-204 and 1-7.5-210. (7) If, by the close of polls, an elector deposits a ballot at a drop-off location in a county in which the elector does not reside, the county clerk and recorder, upon discovering that fact, shall timely deliver the ballot to the county clerk and recorder of the county in which the elector resides, who shall accept the ballot for processing. Source: L. 92: Entire article R&RE, p. 754, § 10, effective January 1, 1993. L. 93: (3)(c) and (5) amended, p. 1767, § 10, effective June 6; (2)(b) amended, p. 1423, § 84, effective July 1. L. 94: (2)(a), (3)(c), (3)(d), and (4)(b) amended, p. 1167, § 41, effective July 1. L. 95: (2), (3)(a), (3)(d), and (5) amended, p. 841, § 62, effective July 1. L. 96: (2)(b) and (6) amended, pp. 1749, 1774, §§ 45, 79, effective July 1. L. 97: (3)(a) and (3)(c) amended, p. 186, § 6, effective August 6. L. 99: (2.5) added, p. 776, § 58, effective May 20. L. 2001: (3)(b.5) added and (6) amended, pp. 1003, 1004, §§ 11, 12, effective August 8. L. 2002: (4)(b) amended, p. 1634, § 17, effective June 7. L. 2003: (3)(b.5), (4), (5), and (6) amended, p. 1278, § 6, effective April 22; (3.5) added, p. 2078, § 15, effective May 22. L. 2004: (4)(a) and (5)(b) amended and (4)(c) and (4)(d) repealed, pp. 1053, 1054, §§ 6, 9, effective May 21. L. 2005: (3.5)(d) and (5)(b) amended, p. 1410, § 28, effective June 6; (3.5)(d) and (5)(b) amended, p. 1445, § 28, effective June 6. L. 2006: IP(3.5)(a) amended, p. 2033, § 13, effective June 6. L. 2007: (6) amended, p. 1981, § 31, effective August 3. L. 2008: (3)(b.5)(III) added and (5)(c) amended, p. 358, §§ 3, 4, effective April 10. L. 2009: (2.3), (4.3), and (4.5) added and (2.5)(a), (3)(a), and (3)(c) amended, (HB 091015), ch. 259, p. 1185, § 6, effective August 5; (3)(b.5)(I) amended, (HB 09-1216), ch. 165, p. 729, § 3, effective August 5; (3.5)(d) amended, (HB 09-1337), ch. 262, p. 1201, § 1, effective August 5. L. 2010: (3)(a)(I), (4.3)(b), (4.5)(c), and (5)(b) amended, (HB 10-1116), ch. 194, p. 834, § 20, effective May 5. L. 2012: (2.7) added and (5)(c) amended, (HB 12-1292), ch. 181, p. 686, § 33, effective May 17. L. 2013: (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c), (3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) amended, (HB 13-1303), ch. 185, p. 727, § 86, effective May 10. L. 2014: (4.3)(a) and (4.5)(a) amended and (4)(b)(IV), (4.5)(b.5), and (7) added, (SB 14161), ch. 160, p. 563, § 17, effective May 9; (3)(a)(II) amended, (HB 14-1363), ch. 302, p. 1261, § 1, effective May 31. L. 2016: (2), (2.5), and (3)(c) repealed and (3)(a), (3)(d), (3.5)(a), IP(3.5)(f), (3.5)(f)(I), and (3.5)(f)(II) amended, (SB 16-142), ch. 173, p. 582, § 53, effective May 18. Initiated 2016: (2.3) deleted and (2.5)(a)(II) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2826. L. 2017: (2.5)(a)(II) repealed and (3)(a)(II) amended, (SB 17-305), ch. 216, p. 844, § 5, effective August 9. L. 2018: (2.7) amended, (SB 18-233), ch. 262, p. 1613, § 28, effective May 29. L. 2019: (2.7), (3)(a)(I), (3)(a)(II), (3.5)(b), (3.5)(d), (4)(b)(I)(A), (4)(b)(II), (4.3), and (4.5)(a)(I) amended, (4.5)(a)(II)(B) repealed, and (4.5)(a)(III) and (4.7) added, (HB 19-1278), ch. 326, p. 3030, § 41, effective August 2; (3)(b.5)(I) amended, (SB 19-235), ch. 329, p. 3057, § 11, effective August 2. Editor's note: (1) This section is similar to former § 1-7.5-107 as it existed prior to 1992. (2) Subsection (2.5) was repealed by SB 16-142, effective May 18, 2016; however, in order to give effect to Proposition 108, the repeal of subsection (2.5)(a)(II) by SB 16-142 was superseded by Proposition 108 approved by the voters November 8, 2016, and effective upon proclamation of the governor on December 27, 2016. Subsection (2.5)(a)(II) was subsequently Colorado Revised Statutes 2019 Page 272 of 513 Uncertified Printout repealed by SB 17-305, effective August 9, 2017. For amendments to subsection (2.5)(a)(II) in Proposition 108 in effect from December 27, 2016, to August 9, 2017, see section 10 on p. 2826, Session Laws of Colorado 2017. (3) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 (4) Subsection (4.5)(a)(II)(C) provided for the repeal of subsections (4.5)(a)(II)(A) and (4.5)(a)(II)(C), effective January 1, 2017. (See L. 2014, p. 563.) (5) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsections (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c), (3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-7.5-107.2. Manner of early voting - securing ballots cast during early voting. (1) An eligible elector who receives a mail ballot may cast the ballot at a voter service and polling center prior to election day. Ballot boxes must be locked and sealed each night with a numbered seal under the supervision of the election judges or watchers, and the designated election official shall retain possession of the keys until he or she transfers the same to the counting place pursuant to section 1-7.5-203 for preparation to count and tabulate. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. (2) (a) Except as provided in paragraph (b) of this subsection (2), the voting machines, electronic voting machines, or ballot boxes must remain locked and secured with a numbered seal, and the tabulation of the votes cast must remain unknown until the time prescribed in section 1-7.5-202 for counting voters' ballots. Alternatively, except for electronic voting equipment and mail ballot boxes, the ballot boxes must be opened each night, and the voted ballots must be placed in a transfer case that is locked and secured with a numbered seal. A record must be maintained consisting of the date and seal number of each ballot box and transfer case until each ballot box and transfer case is transferred pursuant to section 1-7.5-203 for preparation for counting and tabulating. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. During the time the voter service and polling center is not open, the designated election official shall have the custody and keys of any voting machine or electronic voting equipment being used for the casting of ballots. Colorado Revised Statutes 2019 Page 273 of 513 Uncertified Printout (b) The designated election official shall place in a locked and secured location all direct record electronic voting machine cartridges that record votes cast on such voting machines. The tabulation of votes cast and recorded on such cartridges must remain unknown until the time prescribed in section 1-7.5-202 for counting ballots. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 732, § 87, effective May 10. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-107.3. Verification of signatures - rules. (1) (a) Except as provided in subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section. (b) (Deleted by amendment, L. 2008, p. 356, 2, effective April 10, 2008.) (1.5) [Editor's note: This subsection (1.5) is effective July 1, 2020.] (a) If an eligible elector returns a ballot but does not have a signature stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to: (I) Confirm that the eligible elector returned a ballot to the county clerk and recorder; (II) Provide a copy of the eligible elector's identification as defined in section 1-1-104 (19.5); and (III) Provide a signature for verification in accordance with this section. (b) If the county clerk and recorder receives the form within eight days after election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted. (c) An original return envelope containing a voted ballot that is not counted in accordance with subsection (1.5)(b) of this section shall be stored under seal as an election record in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction. (2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to Colorado Revised Statutes 2019 Page 274 of 513 Uncertified Printout determine that the signatures match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation. (b) An original return envelope containing a voted ballot that is not counted in accordance with subsection (2)(a) of this section shall be stored under seal in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction. (c) In the case of a disagreement among the election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in paragraph (a) of this subsection (2), the signatures are deemed to match, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. (3) If the election judge determines that the signature of an eligible elector on the selfaffirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. (4) (a) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname. (b) The county clerk and recorder shall provide training in the technique and standards of signature comparison to election judges who compare signatures pursuant to this section. (5) (a) A county clerk and recorder may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section. (b) If a signature verification device determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in Colorado Revised Statutes 2019 Page 275 of 513 Uncertified Printout the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. If a signature verification device is unable to determine that the signature on the self-affirmation on a return envelope of an eligible elector's mail ballot matches the signature of the elector stored in the statewide voter registration system, an election judge shall compare the signatures in accordance with subsections (2), (3), and (4) of this section. (5.5) The county clerk and recorder shall ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes. If the county clerk and recorder chooses not to include a secrecy envelope or sleeve in the mail ballot packet, he or she must notify the secretary of state in the election plan required under section 1-7.5-105 (1) and must also explain the county's process for ensuring the privacy of marked ballots. The secretary of state shall promulgate rules to ensure the privacy of each elector's vote. (6) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., establishing procedures for using signature verification devices to process ballots used in mail ballot elections pursuant to this article. (7) [Editor's note: This subsection (7) is effective July 1, 2020.] Each county clerk and recorder shall, as soon as practical, develop and implement options for electors to electronically provide necessary documentation for signature verification. Source: L. 2003: Entire section added, p. 1280, § 7, effective April 22; entire section added, p. 1438, § 2, effective April 29. L. 2004: (2)(c) amended, p. 1186, § 3, effective August 4. L. 2005: (2)(a) amended, p. 1411, § 29, effective June 6; (2)(a) amended, p. 1446, § 29, effective June 6. L. 2008: (1), (2)(a), (2)(c), (3), and (4)(a) amended and (5) added, p. 356, § 2, effective April 10. L. 2009: (2)(a) amended, (HB 09-1337), ch. 262, p. 1201, § 2, effective August 5. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 835, § 21, effective May 5. L. 2013: (4)(b) and (5)(a) amended and (6) added, (HB 13-1303), ch. 185, p. 733, § 88, effective May 10. L. 2014: (4)(b) amended, (SB 14-161), ch. 160, p. 564, § 18, effective May 9. L. 2018: (2)(b) amended and (5.5) added, (SB 18-233), ch. 262, p. 1613, § 29, effective May 29. L. 2019: (2)(a) amended, (HB 19-1278), ch. 326, p. 3033, § 42, effective August 2; (1.5) and (7) added, (SB 19-235), ch. 329, p. 3055, § 7, effective July 1, 2020. Editor's note: (1) Amendments to this section by House Bill 03-1241 and Senate Bill 03-102 were harmonized. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) In 2013, subsections (4)(b) and (5)(a) were amended and subsection (6) was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. Colorado Revised Statutes 2019 Page 276 of 513 Uncertified Printout 1-7.5-107.5. Counting mail ballots. The election officials at the mail ballot counting place may receive and prepare mail ballots delivered and turned over to them by the designated election official for tabulation. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day. Source: L. 99: Entire section added, p. 777, § 59, effective May 20. L. 2009: Entire section amended, (HB 09-1336), ch. 261, p. 1198, § 6, effective August 5. 1-7.5-108. Mail-in ballots. (Repealed) Source: L. 92: Entire article R&RE, p. 757, § 10, effective January 1, 1993. L. 2007: Entire section amended, p. 1779, § 18, effective June 1. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-108.5. Designation of inactive status in connection with mailing of mail ballots. In connection with any election conducted on or after May 10, 2013, if a mail ballot sent to a registered elector is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the word "Inactive". The clerk and recorder shall mail a confirmation card pursuant to section 1-2-605 to any elector whose ballot was returned by the United States postal service as undeliverable. Source: L. 2008: Entire section added, p. 1742, § 2, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 733, § 89, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-109. Write-in candidates. A write-in candidate is allowed in mail ballot elections if the candidate has filed an affidavit of intent with the designated election official pursuant to section 1-4-1101. Ballots for write-in candidates are counted pursuant to section 1-7.5-206. Source: L. 92: Entire article R&RE, p. 757, § 10, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 734, § 90, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 277 of 513 Uncertified Printout 1-7.5-110. Challenges. Votes cast pursuant to this article may be challenged pursuant to and in accordance with law. Any mail ballot election held pursuant to this article shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with the provisions of this article or with rules promulgated by the secretary of state. Source: L. 92: Entire article R&RE, p. 757, § 10, effective January 1, 1993. Editor's note: This section is similar to former § 1-7.5-109 as it existed prior to 1992. 1-7.5-111. Report to the general assembly. (Repealed) Source: L. 92: Entire article R&RE, p. 757, § 10, effective January 1, 1993. L. 96: Entire section repealed, p. 1269, § 192, effective August 7. 1-7.5-112. Repeal of article. (Repealed) Source: L. 92: Entire article R&RE, p. 757, § 10, effective January 1, 1993. L. 94: Entire section repealed, p. 1167, § 42, effective July 1. 1-7.5-113. Voting at group residential facilities. (1) If a group residential facility does not have mail boxes in which a representative of the United States postal service may directly deposit mail, and more than seven mail ballots are to be sent to that group residential facility, a committee consisting of one employee of the county clerk and recorder of the county in which the facility is located and, where available, a representative appointed by each of the major political parties shall deliver the mail ballots and return the voted ballots to the office of the county clerk and recorder. (2) For nonpartisan elections, including independent mail ballot elections conducted pursuant to part 11 of article 13.5 of this title, the designated election official shall appoint a committee that consists of two or more election judges or employees or representatives of the designated election official. The voted ballots must be returned to the office of the designated election official. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 72, § 37, effective February 18. Cross references: (1) In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Colorado Revised Statutes 2019 Page 278 of 513 Uncertified Printout 1-7.5-114. Watchers at voter service and polling centers. Any political party, candidate, proponents, or opponents of a ballot issue entitled to have watchers at voter service and polling centers each has the right to maintain one watcher in the office of the designated election official and each voter service and polling center during the period in which mail ballots may be applied for or received. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-115. Emergency voting - replacement ballots - electronic transfer - rules definition. (1) (a) (I) (A) If an eligible elector or a member of an eligible elector's immediate family, related to the second degree by blood, adoption, marriage, or civil union partnership, is confined in a hospital or place of residence on election day, or if, due to emergency conditions such as natural disasters arising after the deadlines by which ballots are mailed, the elector is unable to vote in person, the elector may request in a personally signed written statement that the county clerk and recorder or designated election official send a replacement ballot. The county clerk and recorder or designated election official shall provide the replacement ballot, at the office of the county clerk and recorder or designated election official during the office's regular hours of business, to any authorized representative of the elector. (B) For the purposes of this paragraph (a), "authorized representative" means a person who possesses a written statement from the elector containing the elector's signature, name, and address of residence and indicating that the elector is unable to vote in person after the last day to mail a ballot and requesting that the replacement ballot be given to the authorized person as identified by name and address of residence. (II) The authorized person shall acknowledge receipt of the replacement ballot with a signature, name, and address of residence. (b) A request for a replacement ballot under this section shall be made before 5 p.m. on the day of the election, and the ballot must be returned no later than 7 p.m. on the day of the election. (c) If the eligible elector is unable to have an authorized representative pick up the ballot at the office of the county clerk and recorder or designated election official and deliver it to the eligible elector, the designated election official shall deliver a replacement ballot to the eligible elector by electronic transfer in accordance with the rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section. (2) Except as otherwise provided in subsection (4) of this section, after marking the replacement ballot, the eligible elector shall place it in a return envelope provided by the county clerk and recorder or designated election official. The elector shall then fill out and sign the selfaffirmation on the envelope, as provided in section 1-7.5-107, on or before election day and return it to the office of the county clerk and recorder or designated election official. Upon receipt of the envelope, the county clerk and recorder or designated election official shall verify Colorado Revised Statutes 2019 Page 279 of 513 Uncertified Printout the elector's name on the return envelope and shall deposit the envelope in the office in a ballot box that is locked and secured with a numbered seal. (3) If, following the procedure set forth in this section, the county clerk and recorder or designated election official is unable to provide a replacement ballot to an elector, the county clerk and recorder or designated election official shall provide a replacement ballot to the elector by electronic transfer in accordance with the election rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section. (4) (a) If a replacement ballot is delivered to an eligible elector by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section, the eligible elector may return the voted ballot to the county clerk and recorder or designated election official by electronic transfer. In order to be counted, the returned ballot must be received in the office of the county clerk and recorder or designated election official by 7 p.m. on election day. Once the ballot is received, a bipartisan team of judges shall duplicate the ballot, and the ballot shall be counted in the same manner as all other mail ballots. Such judges shall not reveal how the elector has cast his or her ballot. (b) Any elector who receives a replacement ballot by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section shall be informed in the instructions for completing the ballot that, if the ballot is returned by electronic transfer, the ballot will not be a confidential ballot. (c) In handling a returned replacement ballot pursuant to this subsection (4), all reasonable means shall be taken to ensure that only the judges are aware of information connecting the elector to the returned ballot. (d) The secretary of state may prescribe by rule any procedures or requirements as may be necessary to implement this subsection (4). The rules must be promulgated in accordance with article 4 of title 24, C.R.S. Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. L. 2014: (1)(a) amended, (SB 14-161), ch. 160, p. 564, § 19, effective May 9. Cross references: In 2013, this section was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-116. Applications for absentee ballot. (Repealed) Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. L. 2014: (1)(a) amended, (HB 14-1164), ch. 2, p. 73, § 38, effective February 18. Initiated 2016: (1)(b) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2826. L. 2018: Entire section repealed, (SB 18-233), ch. 262, p. 1613, § 30, effective May 29. PART 2 COUNTING MAIL BALLOTS Colorado Revised Statutes 2019 Page 280 of 513 Uncertified Printout Cross references: In 2013, this part 2 was added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-7.5-201. Appointment of election judges for counting mail ballots. (1) If the county clerk and recorder or designated election official has mailed or delivered mail ballots to five hundred or more electors, the county clerk and recorder or designated election official shall appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers described in section 1-7.5-107, at least three counting judges, not more than two of whom shall be from any one major political party. For each additional five hundred mail ballots so mailed or delivered, the county clerk and recorder or designated election official may appoint additional counting judges as needed. (2) In all political subdivisions in which electronic or electromechanical voting systems are used, the county clerk and recorder or designated election official, for each five hundred mail ballots mailed or delivered, may appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers as described in section 1-7.5-107, five counting judges, not more than three of whom shall be from any one major political party in a partisan election. (3) In political subdivisions to which this section applies and in the event that only two major political parties are represented, the county clerk and recorder or designated election official shall make the appointments so that one major political party is represented by a majority of election judges on the mail ballot receiving board and the other major political party is represented by a majority of election judges on the mail ballot counting board. The county clerk and recorder or designated election official shall appoint those electors certified by the county party chairpersons of the major political parties to the county clerk and recorder as mail ballot receiving judges and mail ballot counting judges. If an elector certified by a major political party is not willing or able to serve, then the major political party that certified the elector may certify a replacement judge to the county clerk and recorder. If the major political parties do not certify a sufficient number of mail ballot receiving and counting judges, the county clerk and recorder may appoint a sufficient number of qualified electors to serve as mail ballot receiving and counting judges. (4) In all political subdivisions to which this section applies, where the county clerk and recorder or designated election official has appointed one or more student election judges pursuant to article 6 of this title, the student election judge shall be appointed to serve as a judge for the purpose of counting mail ballots pursuant to this section; except that the student election judge need not satisfy any party affiliation required of election judges by this section. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 737, § 92, effective May 10. 1-7.5-202. Hours a counting place open for receiving and counting mail ballots. (1) The election officials at the counting place may receive and prepare for tabulation mail ballots delivered and turned over to them by the county clerk and recorder or designated election official. Colorado Revised Statutes 2019 Page 281 of 513 Uncertified Printout (2) Counting of the mail ballots may begin fifteen days prior to the election and shall continue until counting is completed. (3) The election officials in charge of the counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count may be released by the election officials or watchers until after 7 p.m. on election day. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 738, § 92, effective May 10. 1-7.5-203. Delivery of mail ballots to supervisor judge. At any time during the fifteen days prior to and including the election day, the county clerk and recorder or designated election official shall deliver to the counting place judges all the mail ballot envelopes received up to that time in packages or in ballot boxes that are locked and secured with a numbered seal, and the record of mail ballots as provided for in section 1-7.5-106.5 (3) for which a receipt will be given. The county clerk and recorder or designated election official shall continue to deliver any envelopes containing mail ballots that may be received thereafter up to and including 7 p.m. on election day. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 739, § 92, effective May 10. 1-7.5-204. Preparing to count mail ballots - rejections. (1) (a) Before opening any mail ballot, one of the receiving judges, in the presence of a majority of the receiving judges, shall inspect the self-affirmation on the return envelope. (b) The self-affirmation is valid if: (I) The self-affirmation was completed by the elector; (II) The self-affirmation was signed by the elector or, if the elector is unable to sign, marked by the elector with or without assistance and witnessed by another person; and (III) In any election conducted by a county clerk and recorder, the signature on the selfaffirmation matches the signature stored in the statewide voter registration system, or the eligible elector's marks on the application and the self-affirmation were witnessed by other persons. (c) If the self-affirmation is valid, the receiving judge shall open the envelope without defacing the self-affirmation or mutilating the enclosed ballot. (d) For the purposes of subparagraph (III) of paragraph (b) of this subsection (1), the signatures on an eligible elector's self-affirmation and stored in the statewide voter registration system shall be compared in the manner prescribed by section 1-7.5-107.3. (2) If the self-affirmation on the return envelope is invalid, the election judges shall mark the envelope "rejected" and shall write on the envelope the reason for the rejection. The envelope shall be set aside without being opened, and the ballot, if cured, shall be counted. (3) If it appears to the election judges, by sufficient proof, that a mail ballot sent to an elector who died before receiving the ballot contains a forged affidavit, the envelope containing the ballot of the deceased voter shall not be opened, and the election judges shall make notation of the death and fraudulent signature on the back of the envelope. The ballot shall be forwarded to the district attorney for investigation of a violation of section 1-13-106. If a mail ballot Colorado Revised Statutes 2019 Page 282 of 513 Uncertified Printout envelope contains more than one marked ballot of any one kind, none of the ballots shall be counted, and the election judges shall write the reason for rejection. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 739, § 92, effective May 10. L. 2014: (1)(b)(I) amended, (SB 14-161), ch. 160, p. 565, § 20, effective May 9. 1-7.5-205. Counting mail ballots. (1) Mail ballots and any ballots cast at a voter service and polling center in lieu of a mail ballot must be counted after delivery of the ballots as provided in section 1-7.5-203 and after preparation of the ballots as provided in section 1-7.5204. (2) Mail ballots must be counted in one of the following ways: (a) In counties that use paper ballots, the mail ballots may be counted in the same manner as paper ballots. (b) Any county may use electronic vote-tabulating equipment for the counting of mail ballots in the same manner provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. (c) Ballots that are cast directly on electronic or electromechanical vote-tabulating equipment at a voter service and polling center in lieu of a mail ballot shall be counted in the same manner as provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 10. 1-7.5-206. Paper ballots or electronic system. In political subdivisions using a ballot card electronic voting system, mail ballots may be cast on paper ballots or may be cast on ballot cards and counted by electronic voting equipment, or both methods may be used. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 10. 1-7.5-207. Voter verification - mail ballot information. Each county clerk and recorder shall provide electors, upon request, with information on whether the mail ballot cast by the elector was received by the county clerk and recorder, including an online mail ballot tracking system or response by other electronic or telephonic means. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 10. 1-7.5-208. Certificate of mail ballots cast - survey of returns. (1) Repealed. (2) Upon the survey of the returns of the political subdivision by the board of canvassers formed pursuant to section 1-10-101 or 1-10-201, the board shall include in its abstract of votes the votes cast in the voter service and polling center and counted at the counting place in the manner provided for abstracting votes cast and counted in accordance with article 10 of this title. Colorado Revised Statutes 2019 Page 283 of 513 Uncertified Printout (3) (a) (I) The returns certified by the judges and the abstract of votes cast certified by the canvass board shall, except as provided in subparagraph (II) of this paragraph (a), indicate the number of votes cast in each precinct for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected, except as otherwise provided in paragraph (b) of this subsection (3). (II) For primary and coordinated elections, the judges and canvass board shall either: (A) Certify the votes cast in each precinct pursuant to subparagraph (I) of this paragraph (a); or (B) Certify on the returns and the abstract of votes cast the number of votes cast on each ballot style for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected. (b) If the total number of votes cast and counted in any precinct is less than ten, the returns for all such precincts in the political subdivision shall be reported together. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 10. L. 2014: (1) repealed, (HB 14-1363), ch. 302, p. 1261, § 2, effective May 31. 1-7.5-209. Preservation of rejected mail ballots. All identification envelopes and mail ballots rejected by the election judges in accordance with section 1-7.5-204 must be returned to the designated election official. All mail ballots received by the county clerk and recorder or designated election official after 7 p.m. on the day of the election, together with the rejected mail ballots returned by the election judges as provided in this section, must remain in the sealed identification envelopes and may be destroyed as provided in section 1-7-802. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 741, § 92, effective May 10. 1-7.5-210. Maintenance of mail ballot election voting records - transmittal of such records to secretary of state. The county clerk and recorder or designated election official shall maintain a record identifying the name and voting address of each elector who casts a ballot by mail or at a voter service and polling center at any election. Source: L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 741, § 92, effective May 10. ARTICLE 8 Mail-in and Early Voting 1-8-101 to 1-8-311. (Repealed) Source: L. 2014: Entire article repealed, (HB 14-1164), ch. 2, p. 77, § 51, effective February 18. Colorado Revised Statutes 2019 Page 284 of 513 Uncertified Printout Editor's note: This article was numbered as article 14 of chapter 49, C.R.S. 1963. For amendments to this article prior to its repeal in 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Cross references: For current provisions relating to mail ballots and early voting in nonpartisan local government elections not conducted by county clerk and recorders, see article 13.5 of this title. ARTICLE 8.3 Uniform Military and Overseas Voters Act Editor's note: This article was added with relocations in 2011. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 1-8.3-101. Short title. This article may be cited as the "Uniform Military and Overseas Voters Act". Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 664, § 1, effective May 13. 1-8.3-102. Definitions. In this article: (1) "Ballot" means: (a) A federal write-in absentee ballot; (b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or (c) A ballot cast by a covered voter in accordance with this article. (2) "Covered voter" means: (a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state's voter eligibility requirements; (b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; (c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or (d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state. Colorado Revised Statutes 2019 Page 285 of 513 Uncertified Printout (3) "Dependent" means a spouse, civil union partner, or dependent of a covered voter described in subsection (2) of this section who is a resident of this state but who is absent from the state by reason of the active duty or service of the covered voter. (4) "Federal postcard application" means the application prescribed under section 101 (b)(2) of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 (b)(2). (5) "Federal write-in absentee ballot" means the ballot described in section 103 of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20303. (6) "Overseas voter" means a United States citizen who is outside the United States. (7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (8) "Uniformed service" means: (a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; (b) The merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or (c) The National Guard. (9) "Uniformed-service voter" means an individual who is qualified to vote and is: (a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty; (b) A member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; (c) A member on activated status of the National Guard; or (d) A spouse, civil union partner, or dependent of a member referred to in this subsection (9). (10) "United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 664, § 1, effective May 13. L. 2013: (3) and (9)(d) amended, (HB 13-1303), ch. 185, p. 744, § 104, effective May 10. L. 2014: (2)(d) amended, (SB 14-161), ch. 160, p. 565, § 21, effective May 9. L. 2016: (4) and (5) amended, (SB 16-142), ch. 173, p. 584, § 54, effective May 18. Cross references: In 2013, subsections (3) and (9)(d) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.3-103. Elections covered. (1) The voting procedures in this article apply to: (a) A general, congressional vacancy, or primary election for federal office; (b) A general, recall, or primary election for statewide or state legislative office or state ballot measure; Colorado Revised Statutes 2019 Page 286 of 513 Uncertified Printout (c) Any other election coordinated by the county clerk and recorder; and (d) An election conducted under article 13.5 of this title. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 666, § 1, effective May 13. L. 2014: (1)(d) added, (HB 14-1164), ch. 2, p. 73, § 39, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-8.3-104. Role of secretary of state. (1) The secretary of state is the state official responsible for implementing this article and the state's responsibilities under the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq. (2) The secretary of state shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting ballots. The secretary of state may delegate the responsibility under this subsection (2) only to the state office designated in compliance with section 102 (b)(1) of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20302 (b)(1). (3) The secretary of state shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, ballots, and other information under this article. (4) The secretary of state shall: (a) Develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the ballot of a voter authorized to vote in any jurisdiction in this state; and (b) To the extent reasonably possible, coordinate with other states to carry out this subsection (4). (5) The secretary of state shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of a ballot. The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this article. The secretary of state shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 666, § 1, effective May 13.L. 2016: (1) and (2) amended, (SB 16-142), ch. 173, p. 584, § 55, effective May 18. 1-8.3-105. Effect of "Uniformed and Overseas Citizens Absentee Voting Act" emergency authority of secretary of state. (1) In the event of any conflict between this article and any provisions of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., the provisions of the federal act shall control, and all designated election officials who are charged with the performance of duties under this code shall perform the duties and discharge the obligations placed upon them by the federal act. (2) If a national or local emergency arises that makes substantial compliance with the provisions of this article impossible or unreasonable, such as when congress has declared a Colorado Revised Statutes 2019 Page 287 of 513 Uncertified Printout national emergency or the president has ordered into active military service of the United States any units and members of the National Guard of this state, the secretary of state may prescribe, by emergency orders or rules, such special procedures or requirements as may be necessary to facilitate absentee voting by those members of the military or military support personnel directly affected by the emergency. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 667, § 1, effective May 13.L. 2016: (1) amended, (SB 16-142), ch. 173, p. 585, § 56, effective May 18. Editor's note: This section is similar to former § 1-8-103 as it existed prior to 2011. 1-8.3-106. Overseas voter's registration address. In registering to vote, an overseas voter who is eligible to vote in this state shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in this state, or, in the case of a voter described by section 1-8.3-102 (2)(d), the address of the last place of residence in this state of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned an address for voting purposes. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 667, § 1, effective May 13. 1-8.3-107. Methods of registering to vote. (1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application's electronic equivalent. (2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot. If the declaration is received after the election, it shall be treated as an application to register to vote for subsequent elections. (3) The secretary of state shall ensure that the electronic transmission system described in section 1-8.3-104 (3) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 668, § 1, effective May 13. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 744, § 105, effective May 10. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1614, § 31, effective May 29. Cross references: In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.3-108. Methods of applying for ballot - definition. (1) Repealed. Colorado Revised Statutes 2019 Page 288 of 513 Uncertified Printout (2) A covered voter who is not registered to vote in this state may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 1-8.3-107 and for a ballot. (3) The secretary of state shall ensure that the electronic transmission system described in section 1-8.3-104 (3) is capable of accepting the submission of both a federal postcard application and any other approved electronic ballot application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot. (4) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a ballot simultaneously with the submission of the federal write-in absentee ballot. (5) To receive the benefits of this article, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include: (a) The use of a federal postcard application or federal write-in absentee ballot; (b) The use of an overseas address on an approved voter registration application or ballot application; and (c) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter. (6) This article does not preclude a covered voter from voting under article 7.5 or 8 of this title. (7) (a) Notwithstanding any other provision of this section, a covered voter in a hostile fire zone may provide to an officer, either verbally or in writing, the information required for the covered voter to apply for a ballot, and the officer may submit an application for a ballot on behalf of the covered voter. A county clerk and recorder shall accept an unsigned federal postcard application or an unsigned letter of application for a ballot that meets the requirements of this section if the officer submits with the application a signed statement that the covered voter in a hostile fire zone provided to the officer, either verbally or in writing, the information required to apply for a ballot. (b) As used in this subsection (7), "covered voter in a hostile fire zone" means a covered voter, as that term is defined in section 1-8.3-102 (2)(a), who is located in an area that is designated as a hostile fire zone by the United States secretary of defense at the time he or she makes the request for a ballot. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 668, § 1, effective May 13. L. 2012: (7) added, (SB 12-062), ch. 97, p. 327, § 3, effective April 12. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 73, § 40, effective February 18; (4) amended, (SB 14-161), ch. 160, p. 565, § 22, effective May 9. L. 2016: (1) repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Colorado Revised Statutes 2019 Page 289 of 513 Uncertified Printout 1-8.3-109. Timeliness of application for ballot. If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 565, § 23, effective May 9. 1-8.3-110. Transmission of unvoted ballots. (1) For an election described in section 18.3-103 for which this state has not received a waiver pursuant to section 579 of the federal "Military and Overseas Voter Empowerment Act", 52 U.S.C. sec. 20302 (g)(2), not later than forty-five days before the election, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid ballot application. (2) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, other electronic means. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter. (3) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter within seventy-two hours after the receipt of the application. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 585, § 57, effective May 18. 1-8.3-111. Timely casting of ballot. To be valid, a ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later than 7:00 p.m. mountain time on the date of the election. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. 1-8.3-112. Federal write-in absentee ballot. (1) A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 1-8.3-103. (2) The covered voter may designate the candidate by writing in the name of the candidate or by writing in the name of a political party or political organization, in which case the ballot shall be counted for the candidate of that political party or political organization. Any abbreviation, misspelling, or other minor variation in the form of the name of the candidate, political party, or political organization shall be disregarded in determining the validity of the ballot as long as the intention of the covered voter can be ascertained. Colorado Revised Statutes 2019 Page 290 of 513 Uncertified Printout Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. Editor's note: Subsection (2) is similar to former § 1-8-117 (4)(b) as it existed prior to 2011. 1-8.3-113. Transmission and receipt of ballot. (1) A covered voter who requested and received ballot materials by electronic transmission may also return the ballot by electronic transmission: (a) In circumstances where another more secure method, such as returning the ballot by mail, is not available or feasible, as specified in rules promulgated by the secretary of state; or (b) If the ballot is for a recall election conducted under article 12 of this code. (2) A valid ballot cast in accordance with section 1-8.3-111 shall be counted if it is received by the close of business on the eighth day after an election at the address that the appropriate state or local election office has specified. (3) If, at the time of completing a ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot shall not be rejected as late. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 622, § 13, effective May 9. Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014. 1-8.3-114. Declaration. A ballot shall include or be accompanied by the signed affirmation required by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 585, § 58, effective May 18. 1-8.3-115. Use of covered voter's electronic-mail address. (1) The local election official shall request an electronic-mail address from each covered voter who registers to vote after May 13, 2011. An electronic-mail address provided by a covered voter shall not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be used only for official communication with the voter about the voting process, including transmitting ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location. The request for an electronic-mail address shall describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited. (2) Unless a covered voter applies to be a permanent mail voter pursuant to section 113.5-1003, the covered voter who provides an electronic-mail address may request that the Colorado Revised Statutes 2019 Page 291 of 513 Uncertified Printout voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year following the calendar year of the date of the application or another shorter period the voter specifies. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a ballot for a primary election under this subsection (2) is entitled to receive a ballot for the general election. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2014: (2) amended, (HB 14-1164), ch. 2, p. 73, § 41, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 1-8.3-116. Publication of election notice. (1) At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the secretary of state shall prepare an election notice to be used in conjunction with a federal write-in absentee ballot. The election notice shall contain a list of all of the federal and state offices that as of that date the secretary of state expects to be on the ballot on the date of the election. The notice shall also contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested. The secretary of state shall post the notice on the official website of the secretary of state. (2) A covered voter may request a copy of an election notice. The county clerk and recorder shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests. (3) As soon as ballot styles are certified, and not later than the date ballots are required to be transmitted to voters under article 7.5 or 8 of this title, the secretary of state shall update the notice with the certified statewide ballot questions and candidates for each office. (4) A county having one or more covered voters and that maintains a website shall provide a link to the election notice maintained on the secretary of state's official website. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. 1-8.3-117. Covered voter may file complaint. Any covered voter alleging a grievance may file a complaint with the secretary of state as specified in section 1-1.5-105. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. 1-8.3-118. Uniformity of application and construction. In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Colorado Revised Statutes 2019 Page 292 of 513 Uncertified Printout Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. 1-8.3-119. Relation to electronic signatures in global and national commerce act. This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b). Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. ARTICLE 8.5 Provisional Ballots 1-8.5-101. Provisional ballot - entitlement to vote. (1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county clerk and recorder by election judges at the polling location is entitled to cast a provisional ballot in accordance with this article. (2) An elector who desires to vote but does not show identification in accordance with section 1-7-110 (2) may cast a provisional ballot. (3) Repealed. (4) No elector shall be denied the right to cast a provisional ballot in any election held pursuant to this title. (5) Any unaffiliated elector at a primary election may cast a regular party ballot upon requesting such ballot from an election judge in accordance with section 1-7-201 (2.3). Any unaffiliated elector at a primary election may also cast a regular party ballot upon openly declaring to the election judge the name of the political party with which the elector wishes to affiliate pursuant to section 1-2-218.5 or 1-7-201. Nothing in this section requires a minor political party to allow an unaffiliated elector to vote in the primary election of such political party. Source: L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2007: (3) amended, p. 1794, § 54, effective June 1. L. 2009: (3) amended and (5) added, (HB 09-1216), ch. 165, p. 730, § 7, effective August 5. L. 2013: (1) amended and (3) repealed, (HB 13-1303), ch. 185, p. 744, § 106, effective May 10. Initiated 2016: (5) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2827. Editor's note: This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows: FOR: 1,398,577 AGAINST: 1,227,117 Colorado Revised Statutes 2019 Page 293 of 513 Uncertified Printout Cross references: (1) In 2013, subsection (1) was amended and subsection (3) was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017. 1-8.5-101.5. Electronic voting device - use for casting provisional ballot. (1) An electronic voting device may be used to cast a provisional ballot if the device is certified by the secretary of state for that purpose. (2) If an electronic voting device that is certified for use with provisional ballots is used in an election, the designated election official shall determine whether electors casting provisional ballots shall use the electronic voting device or paper provisional ballots. Source: L. 2006: Entire section added, p. 2033, § 15, effective June 6. 1-8.5-102. Form of provisional ballot. (1) A provisional ballot shall contain text clearly identifying it as a provisional ballot. (2) An elector casting a provisional ballot shall complete an affidavit and receive information and instructions on the voting and handling of provisional ballots. The secretary of state shall prescribe by rules promulgated in accordance with article 4 of title 24, C.R.S., the language of the affidavit, information, and instructions. (3) Each polling location using paper provisional ballots must have on hand a sufficient number of provisional ballots in all ballot styles applicable to that polling location and a sufficient number of provisional ballot envelopes. Source: L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2006: (2) and (3) amended, p. 2033, § 16, effective June 6. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 745, § 107, effective May 10. Cross references: In 2013, subsection (3) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-103. Provisional ballot affidavit. (1) The provisional ballot affidavit shall contain language prescribed by the secretary of state by rule and shall include an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the elector's eligibility to vote and to register the elector to vote or transfer the elector's registration. (2) (a) The provisional ballot affidavit shall constitute a voter registration application for the voter for future elections. Any previous voter registration for the voter shall be cancelled pursuant to section 1-2-603 (1). (b) This subsection (2) does not apply to an elector who casts a provisional ballot pursuant to section 1-8.5-101 (2). Colorado Revised Statutes 2019 Page 294 of 513 Uncertified Printout Source: L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2013: (2)(b) amended, (HB 13-1303), ch. 185, p. 745, § 108, effective May 10. Cross references: In 2013, subsection (2)(b) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-104. Voting procedure - provisional ballot. (1) An elector casting a provisional ballot shall complete and sign the provisional ballot affidavit and cast the ballot. (2) The fact that an elector casts a provisional ballot shall be indicated on the signature card or pollbook next to the elector's name. (3) The election judge shall examine the provisional ballot affidavit. If the election judge notices that the elector did not sign the affidavit, the election judge shall inform the elector that the provisional ballot will not be counted if the affidavit is not signed. (4) If an elector who is casting a provisional ballot does not show identification as required by section 1-7-110 (2), the election official shall indicate on a space provided on the provisional ballot envelope that the elector did not show identification. (5) If paper provisional ballots and envelopes are used in an election, the provisional ballot envelope containing the marked provisional ballot shall be deposited in a ballot container. All paper provisional ballots cast shall remain sealed in their envelopes for return to the county clerk and recorder or designated election official. (6) After an elector casts a provisional ballot, the election official shall give the elector a written notice that an elector who casts a provisional ballot has the right to know whether the vote was counted and the reason if the provisional ballot was not counted. The notice shall specify the toll-free telephone number, internet website, or other free access system established by the secretary of state or the designated election official by means of which the elector may receive this information about the elector's provisional ballot. Source: L. 2005: Entire article added, p. 1416, § 39, effective June 6; entire article added, p. 1451, § 39, effective June 6. L. 2006: (1) and (5) amended, p. 2033, § 17, effective June 6. 1-8.5-105. Verification of provisional ballot information - counting procedure. (1) In accordance with this section and using the procedures and databases prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S., the designated election official shall attempt to verify that an elector who cast a provisional ballot is eligible to vote. The designated election official or designee shall complete the preliminary verification of the elector's eligibility to vote before the ballot is counted in accordance with subsection (4) of this section. (2) If the elector signs but does not fill in all the information requested on the provisional ballot affidavit, the ballot shall be counted only if the designated election official is able to determine that the elector was eligible to vote in the precinct and county. (3) (a) If a provisional ballot affidavit is not signed, the designated election official shall send a letter to the elector within three days after the signature deficiency has been confirmed, Colorado Revised Statutes 2019 Page 295 of 513 Uncertified Printout but in no event later than two days after the election, informing the elector that the affidavit was not signed and that the provisional ballot cannot be counted unless the affidavit is signed. The letter shall state that the elector may come to the office of the county clerk and recorder to sign the provisional ballot affidavit no later than eight days after the election. (b) If the elector does not sign the provisional ballot affidavit after receiving notice pursuant to paragraph (a) of this subsection (3), the provisional ballot shall not be counted. (c) The designated election official shall retain a copy of the letter sent pursuant to paragraph (a) of this subsection (3). (4) The designated election official shall determine the time for the verification and counting of provisional ballots to begin in accordance with rules promulgated by the secretary of state. A board appointed by the designated election official shall count all verified provisional ballots in accordance with the procedure prescribed by the designated election official in accordance with this title and the election rules of the secretary of state. (5) The designated election official shall complete the verification and counting of all provisional ballots within nine days after a primary, general, odd-year, or coordinated election, or within an alternate period of time, if necessary, as designated by the secretary of state. The designated election official shall count all regular ballots cast in an election before counting any provisional ballots. Source: L. 2005: Entire article added, p. 1416, § 39, effective June 6; entire article added, p. 1451, § 39, effective June 6. L. 2006: (1) and (4) amended, p. 2034, § 18, effective June 6. L. 2007: (5) amended, p. 1795, § 55, effective June 1. L. 2009: (3)(a) amended, (HB 091337), ch. 262, p. 1203, § 6, effective August 5. L. 2013: (5) amended, (HB 13-1303), ch. 185, p. 745, § 109, effective May 10. L. 2018: (5) amended, (SB 18-233), ch. 262, p. 1615, § 32, effective May 29. Cross references: In 2013, subsection (5) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-106. Counting of provisional ballots. If the designated election official verifies that an elector who cast a provisional ballot in accordance with this article is eligible to vote, the provisional ballot shall be counted. If the elector's registration cannot be verified, the ballot shall not be counted. Source: L. 2005: Entire article added, p. 1417, § 39, effective June 6; entire article added, p. 1452, § 39, effective June 6. 1-8.5-107. Electors who move before close of registration - effect of provisional ballot. (Repealed) Source: L. 2005: Entire article added, p. 1417, § 39, effective June 6; entire article added, p. 1452, § 39, effective June 6. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Colorado Revised Statutes 2019 Page 296 of 513 Uncertified Printout Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-108. Electors who move after close of registration - effect of provisional ballot. (Repealed) Source: L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2006: (2) and (3) amended, p. 2034, § 19, effective June 6. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-109. Electors who vote outside precinct of residence - effect of provisional ballot. (Repealed) Source: L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2006: Entire section amended, p. 2035, § 20, effective June 6; entire section amended, p. 280, § 1, effective August 7. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, this section was repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-110. Handling of provisional ballots - reporting of results. (1) Provisional ballots shall be kept separate from all other ballots and counted separately. (2) If twenty-five or more provisional ballots are cast and counted in a county, the designated election official shall report the results of voting by provisional ballot as a separate total. If fewer than twenty-five provisional ballots are cast and counted, the results of voting by provisional ballot shall be included in the results of regular voting. (3) Votes cast by provisional ballot shall not be included in any unofficial results reported and shall be reported only as part of the official canvass. (4) The designated election official shall keep a log of each provisional ballot cast, each provisional ballot counted, and each provisional ballot rejected. The code for the acceptance or rejection of the provisional ballot as prescribed by the secretary of state shall be marked on the log. The designated election official shall keep all rejected provisional ballots in their unopened envelopes for no less than twenty-five months. Source: L. 2005: Entire article added, p. 1418, § 39, effective June 6; entire article added, p. 1453, § 39, effective June 6. L. 2007: (2) amended, p. 1795, § 56, effective June 1. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 745, § 110, effective May 10. Colorado Revised Statutes 2019 Page 297 of 513 Uncertified Printout Cross references: In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-8.5-111. Information system. For any election held on or after January 1, 2004, in which a provisional ballot is cast, the county clerk and recorder or designated election official shall establish a system allowing an elector who cast a provisional ballot to discover whether the ballot was counted and, if the ballot was not counted, the reason the ballot was not counted. The system shall provide access to this information at no cost to the voter by toll-free telephone call, internet website, or other suitable medium, in accordance with the federal "Help America Vote Act of 2002", Pub.L. 107-252. Information about a provisional ballot shall be disclosed only to the voter who cast the ballot. Source: L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 1454, § 39, effective June 6. 1-8.5-112. Rules. The secretary of state shall promulgate all appropriate rules in accordance with article 4 of title 24, C.R.S., for the purpose of ensuring the uniform application of this article. Source: L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 1454, § 39, effective June 6. ARTICLE 9 Challenges Editor's note: Articles 1 to 13 were repealed and reenacted in 1980. This article was numbered as article 16 of chapter 49, C.R.S. 1963. For additional historical information concerning the repeal and reenactment of articles 1 to 13 of this title in 1980, see the editor's note immediately following the title heading for this title. PART 1 CHALLENGES TO REGISTRATION 1-9-101. Challenge of illegal or fraudulent registration. (1) (a) Any registered elector may, by written challenge, protest against the registration of any person whose name appears in a county registration record. The written challenge shall state the precinct number, the name of the challenged registrant, the basis for such challenge, the facts supporting the challenge, and some documentary evidence to support the basis for the challenge, and shall bear the signature and address of the challenger. The written challenge and supporting evidence shall be filed with the county clerk and recorder no later than sixty days before any election. The county clerk and recorder shall notify the registrant of the challenge and shall set a time and place for a hearing to be held not later than thirty days after the filing of the challenge, at which hearing the challenged Colorado Revised Statutes 2019 Page 298 of 513 Uncertified Printout registrant shall have the opportunity to appear. The person challenging the registration shall appear and shall bear the burden of proof of the allegations in the challenge. The county clerk and recorder shall conduct the hearing and receive testimony and evidence, shall render a decision in accordance with paragraph (b) of this subsection (1) no later than five days thereafter, and shall notify both parties of the decision. (b) In rendering a decision, the county clerk and recorder has the following options: (I) If the county clerk and recorder finds sufficient evidence to support the allegations in the challenge, he or she shall cancel the registered elector's name from the statewide voter registration system; or (II) (Deleted by amendment, L. 2013.) (III) If the county clerk and recorder finds no evidence or insufficient evidence to support the allegations in the challenge, he or she shall deny the challenge to cancel the registered elector's name from the statewide voter registration system. (2) All appeals from the decision of the county clerk and recorder shall be to the district court within three days after the decision is issued. The appellant shall file in the district court a verified petition setting forth the facts presented at the hearing, the decision of the county clerk and recorder, and the basis for the appeal. Within twenty-four hours, the clerk of the district court shall mail to the other party a notice of the appeal and the time set for hearing, which shall be not less than three days nor more than five days after the date of filing. (3) The court shall hear the testimony and other evidence and investigate summarily and, within forty-eight hours after the close of the evidence, determine whether or not the charges are sustained. Only competent legal evidence may be received at the hearing or considered by the court, and no name registered in accordance with law shall be canceled from the statewide voter registration system unless it is proven that the challenged person does not reside at the address provided by the person at the time of registration. No presumption may be made against any person whose registration is challenged merely because of the failure of that person to attend the hearing. The court has the power to subpoena any person as a witness at the hearing and make any necessary investigation to ascertain the truth of any of the charges in the petition if the method of the investigation does not cause unnecessary delay or interfere with the final disposition of the cause within the time provided for in this section. The hearing on any petition is summary and final and is not subject to delay. At the close of the hearing, the court shall announce the names in the petition as to which the charges have been sustained and shall direct the clerk of the court to certify forthwith to the county clerk and recorder the lists of names of those persons, with their addresses, arranged alphabetically and according to precinct. The county clerk and recorder, upon receipt of the list from the court, shall forthwith cancel those names from the statewide voter registration system for the proper precinct with the notation that the names were canceled pursuant to court order, giving the date of the order. The decision of the court is final, and no appeal lies to any other court; except that the supreme court, in the exercise of its discretion, may review any such proceedings in a summary way. Source: L. 80: Entire article R&RE, p. 380, § 1, effective January 1, 1981. L. 87: (1) and (3) amended, p. 295, § 29, effective June 26. L. 89: (3) amended, p. 309, § 20, effective May 9. L. 91: (1)(b)(II) amended, p. 637, § 76, effective May 1. L. 92: Entire article amended, p. 771, § 12, effective January 1, 1993. L. 93: (1)(b)(II) amended, p. 1769, § 16, effective June 6. L. 97: (1)(b)(II) amended, p. 477, § 21, effective July 1. L. 99: (1)(a) amended, p. 778, § 63, effective Colorado Revised Statutes 2019 Page 299 of 513 Uncertified Printout May 20. L. 2000: (1)(a) amended, p. 301, § 1, effective August 2. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 745, § 111, effective May 10. L. 2016: (1)(b)(I), (1)(b)(III), and (3) amended, (SB 16-142), ch. 173, p. 585, § 59, effective May 18. Editor's note: This section is similar to former § 1-12-101 as it existed prior to 1980. Cross references: In 2013, subsection (1)(b) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 2 CHALLENGES TO VOTING 1-9-201. Right to vote may be challenged. (1) (a) A person's right to vote at a polling location or in an election may be challenged. (b) If a person whose right to vote is challenged at a polling location refuses to answer the questions asked or sign the challenge form in accordance with section 1-9-203 or take the oath pursuant to section 1-9-204, the person shall be offered a provisional ballot. If the person casts a provisional ballot, the election judge shall attach the challenge form to the provisional ballot envelope and indicate "Challenge" on the provisional ballot envelope. (2) An election judge shall challenge any person intending to vote who the judge believes is not an eligible elector. In addition, challenges may be made by watchers or any eligible elector of the precinct. (3) A challenge at a polling location shall be made in the presence of the person whose right to vote is challenged. Source: L. 80: Entire article R&RE, p. 381, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 772, § 12, effective January 1, 1993. L. 2005: Entire section amended, p. 1419, § 40, effective June 6; entire section amended, p. 1454, § 40, effective June 6. L. 2013: (1) and (3) amended, (HB 13-1303), ch. 185, p. 746, § 112, effective May 10. Editor's note: This section is similar to former § 1-8-102 as it existed prior to 1980. Cross references: In 2013, subsections (1) and (3) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-9-202. Challenge to be made by written oath. Each challenge shall be made by written oath, shall set forth the name of the person challenged and the specific factual basis for the challenge of the person's right to vote, and shall be signed by the challenger under penalty of perjury in the second degree, as specified in section 1-13-104. The election judges shall forthwith deliver all challenges to the designated election official. No oral challenge shall be permitted. Colorado Revised Statutes 2019 Page 300 of 513 Uncertified Printout Source: L. 80: Entire article R&RE, p. 381, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993. L. 2005: Entire section amended, p. 1420, § 41, effective June 6; entire section amended, p. 1455, § 41, effective June 6. Editor's note: This section is similar to former § 1-8-103 as it existed prior to 1980. Cross references: For oaths and affirmations generally, see article 12 of title 24. 1-9-203. Challenge questions asked person intending to vote. (1) (Deleted by amendment, L. 2005, pp. 1420, 1455, §§ 42, 42, effective June 6, 2005.) (2) If the person is challenged as not eligible because the person is not a citizen, an election judge shall ask the following question: (a) Are you a citizen of the United States? (b) (Deleted by amendment, L. 93, p. 1432, § 109, effective July 1, 1993.) (3) If the person is challenged as not eligible because the person has not resided in this state for twenty-two days immediately preceding the election, an election judge shall ask the following questions: (a) Have you resided in this state for the twenty-two days immediately preceding this election? (b) Have you been absent from this state during the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere? (c) If so, when you left, was it for a temporary purpose with the intent of returning, or did you intend to remain away? (d) Did you, while absent, look upon and regard this state as your home? (e) Did you, while absent, vote in any other state or any territory of the United States? (4) (a) If the person is challenged as not eligible to vote in an election other than a primary election because the person will not be eighteen years of age or older on or before election day, an election judge shall ask the following question: To the best of your knowledge and belief, will you be eighteen years of age or older on election day? (b) If the person is challenged as not eligible to vote in a primary election because the person will not be eighteen years of age on or before the date of the next general election, an election judge shall ask the following question: To the best of your knowledge and belief, are you at least seventeen years of age and will you be at least eighteen years of age on or before the date of the next general election? (5) If the person is challenged as not eligible because the person is not a property owner or the spouse or civil union partner of a property owner, an election judge shall ask the following questions: (a) Are you a property owner or the spouse or civil union partner of a property owner in this political subdivision and therefore eligible to vote? (b) What is the address or, for special district elections where an address is not available, the location of the property which entitles you to vote in this election? (6) An election judge shall put all other questions to the person challenged as may be necessary to test the person's qualifications as an eligible elector at the election. (7) If the person challenged answers satisfactorily the questions asked in accordance with this section and signs the oath pursuant to section 1-9-204, the election judge shall offer the Colorado Revised Statutes 2019 Page 301 of 513 Uncertified Printout person challenged a regular ballot, and the challenger may withdraw the challenge. The election judge shall indicate in the proper place on the challenge form whether the challenge was withdrawn or whether the challenged elector refused to answer the questions and left the polling location without voting a provisional ballot. Source: L. 80: Entire article R&RE, p. 382, § 1, effective January 1, 1981. L. 91: (3) amended, p. 637, § 77, effective May 1. L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993. L. 93: (2) and (5)(b) amended, p. 1432, § 109, effective July 1. L. 94: IP(3), (3)(a), and (3)(b) amended, p. 1771, § 32, effective January 1, 1995. L. 95: (3)(b) amended, p. 843, § 66, effective July 1. L. 2005: (1) and (7) amended, p. 1420, § 42, effective June 6; (1) and (7) amended, p. 1455, § 42, effective June 6. L. 2013: IP(5), (5)(a), and (7) amended, (HB 131303), ch. 185, p. 746, § 113, effective May 10. L. 2014: IP(3), (3)(a), (3)(b), and (4) amended, (SB 14-161), ch. 160, p. 566, § 24, effective May 9. L. 2019: (4) amended, (HB 19-1278), ch. 326, p. 3033, § 43, effective August 2. Editor's note: (1) This section is similar to former § 1-8-104 as it existed prior to 1980. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For oaths and affirmations generally, see article 12 of title 24. (2) In 2013, the introductory portion to subsection (5) and subsections (5)(a) and (7) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-9-204. Oath of challenged elector. (1) An election judge shall tender an oath substantially in the following form: "I do solemnly swear or affirm that I have fully and truthfully answered all questions that have been put to me concerning my place of residence and my qualifications as an eligible elector at this election. I further swear or affirm that I am a citizen of the United States; that I am at least seventeen years of age and will be at least eighteen years of age on or before the date of the next general election if I am voting in a primary election or that I will be of the age of eighteen years or older on election day if I am voting in any other election; that I have been a resident of this state for at least twenty-two days immediately preceding this election and have not maintained a home or domicile elsewhere; that I am a registered elector in this precinct; that I am eligible to vote at this election; and that I have not previously voted at this election." (2) After the person has taken the oath or affirmation, a regular ballot shall be given to the person and an election judge shall write "sworn" on the pollbooks at the end of the person's name. Source: L. 80: Entire article R&RE, p. 383, § 1, effective January 1, 1981. L. 91: (1) amended, p. 638, § 78, effective May 1. L. 92: Entire article amended, p. 774, § 12, effective January 1, 1993. L. 94: (1) amended, p. 1771, § 33, effective January 1, 1995. L. 96: (1) Colorado Revised Statutes 2019 Page 302 of 513 Uncertified Printout amended, p. 1763, § 47, effective July 1. L. 99: (1) amended, p. 778, § 64, effective May 20. L. 2005: Entire section amended, p. 1420, § 43, effective June 6; entire section amended, p. 1455, § 43, effective June 6. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 747, § 114, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3033, § 44, effective August 2. Editor's note: (1) This section is similar to former § 1-8-105 as it existed prior to 1980. (2) Section 52(2) of chapter 326 (HB 19-1278), Session Laws of Colorado 2019, provides that the act changing this section applies to elections conducted on or after August 2, 2019. Cross references: (1) For oaths and affirmations generally, see article 12 of title 24. (2) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019. 1-9-205. Refusal to answer questions or take oath. (Repealed) Source: L. 80: Entire article R&RE, p. 383, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 774, § 12, effective January 1, 1993. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6. 1-9-206. Challenges of absentee ballots. (Repealed) Source: L. 80: Entire article R&RE, p. 383, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 775, § 12, effective January 1, 1993. L. 93: Entire section amended, p. 1432, § 110, effective July 1. L. 2002: Entire section amended, p. 1636, § 21, effective June 7. L. 2005: Entire section amended, p. 1420, § 44, effective June 6; entire section amended, p. 1456, § 44, effective June 6. L. 2007: Entire section repealed, p. 1795, § 57, effective June 1. 1-9-207. Challenges of ballots cast by mail. The ballot of any elector that has been cast by mail may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged ballots, except those rejected for an incomplete or incorrect affidavit by an elector on the returned mail ballot envelope, forgery of a deceased person's signature on a mail ballot affidavit, or submission of multiple ballots, shall be counted. The election judges shall forthwith deliver all challenges, together with the affidavits of the persons challenged, to the county clerk and recorder or designated election official, as applicable. Source: L. 94: Entire section added, p. 1169, § 46, effective July 1. L. 2002: Entire section amended, p. 1636, § 22, effective June 7. L. 2005: Entire section amended, p. 1421, § 45, effective June 6; entire section amended, p. 1456, § 45, effective June 6. L. 2007: Entire section amended, p. 1795, § 58, effective June 1. Colorado Revised Statutes 2019 Page 303 of 513 Uncertified Printout 1-9-208. Challenges of provisional ballots. The ballot of any provisional voter may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged provisional ballots, except those rejected for an incomplete, incorrect, or unverifiable provisional ballot affidavit, forgery of a deceased person's signature on a mail-in or mail ballot affidavit, or submission of multiple ballots, shall be counted if the other requirements for counting provisional ballots are satisfied. The election judges shall deliver all challenges, together with the affidavits of the persons challenged, to the county clerk and recorder or the designated election official. Source: L. 2002: Entire section added, p. 1636, § 23, effective June 7. L. 2005: Entire section amended, p. 1421, § 46, effective June 6; entire section amended, p. 1456, § 46, effective June 6. L. 2007: Entire section amended, p. 1796, § 59, effective June 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 747, § 115, effective May 10. Cross references: In 2013, this section was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-9-209. Challenges delivered to district attorney. The county clerk and recorder or designated election official shall forthwith deliver a challenge that is not withdrawn, along with the affidavit of the elector on the mail-in, provisional ballot, or mail ballot return envelope, to the district attorney for investigation and action. When practicable, the district attorney shall complete the investigation within ten days after receiving the challenge. Source: L. 2005: Entire section added, p. 1421, § 47, effective June 6; entire section added, p. 1457, § 47, effective June 6. L. 2007: Entire section amended, p. 1796, § 60, effective June 1. 1-9-210. Copy of challenge delivered to elector. When a challenge is made to a person who cast a mail ballot or provisional ballot and the person was not present at the time of the challenge, the county clerk and recorder or designated election official shall notify and mail a copy of the challenge to the person challenged in accordance with the rules of the secretary of state. Source: L. 2005: Entire section added, p. 1422, § 47, effective June 6; entire section added, p. 1457, § 47, effective June 6. L. 2007: Entire section amended, p. 1796, § 61, effective June 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 74, § 42, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. PART 3 PROVISIONAL BALLOTS Colorado Revised Statutes 2019 Page 304 of 513 Uncertified Printout 1-9-301 to 1-9-306. (Repealed) Source: L. 2005: Entire part repealed, p. 1425, § 56, effective June 6; entire part repealed, p. 1461, § 56, effective June 6. Editor's note: This part 3 was added in 2002. For amendments to this part 3 prior to its repeal in 2005, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. ARTICLE 10 Survey of Returns Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index. PART 1 SURVEY OF RETURNS - PARTISAN ELECTIONS 1-10-101. Canvass board for partisan elections - appointment, fees, oaths. (1) (a) At least fifteen days before any primary, general, congressional vacancy, or special legislative election, the county chairpersons of each of the two major political parties in each county shall certify to the county clerk and recorder, in the manner prescribed by such clerk and recorder, the appointment of one or more registered electors to serve as a member of the county canvass board. The appointees, together with the county clerk and recorder, constitute the county canvass board. Each minor political party whose candidate is on the ballot and each unaffiliated candidate whose name is on the ballot in such election may designate, in the manner prescribed by such clerk and recorder, one watcher to observe the work of the county canvass board. (b) If for any reason an appointee to the county canvass board refuses, fails, or is unable to serve, the appointee shall notify the county clerk and recorder. The county clerk and recorder, by the speediest and most convenient method, shall notify the county chairperson of the political party to which the appointee belongs. The county chairperson shall forthwith appoint another person to the county canvass board. If the political party has no county chairperson or vicechairperson or if a vacancy in the appointment occurs on the date of the meeting of the county canvass board so that there can be no specific compliance with the provisions of this section, the county clerk and recorder shall make the appointment or shall fill the vacancy as nearly in compliance with the intention of this section as possible. Colorado Revised Statutes 2019 Page 305 of 513 Uncertified Printout (2) Each canvass board appointee shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the county clerk and recorder and shall be paid by the county for which the service is performed. (3) Prior to assuming their duties, the members of the canvass board shall swear or affirm the following: "I, ...................., do solemnly swear (or affirm) that I am a registered elector in precinct ...., in the county of ....................; that I am a registered member of the .............. party as shown in the statewide voter registration system; and that I will faithfully perform the duties required of a member of the county canvass board." (4) Any individual serving on a canvass board pursuant to this article is immune from liability in any proceeding that is based on an act or omission of the individual if: (a) He or she was acting in good faith and within the scope of his or her official functions or duties as specified in this article; and (b) The violation was not caused by willful or intentional misconduct on the part of the individual. Source: L. 92: Entire article R&RE, p. 775, § 13, effective January 1, 1993. L. 99: (1)(a) amended, p. 1390, § 11, effective June 4; entire section amended, p. 478, § 2, effective July 1. L. 2002: (1)(a) amended, p. 1638, § 25, effective June 7. L. 2014: (4) added, (SB 14-161), ch. 160, p. 566, § 25, effective May 9. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 586, § 60, effective May 18. Editor's note: (1) This section is similar to former § 1-10-101 as it existed prior to 1992. (2) Amendments to subsection (1)(a) by House Bill 99-1160 and House Bill 99-1097 were harmonized. 1-10-101.5. Duties of the canvass board. (1) The canvass board shall: (a) Reconcile the ballots cast in an election to confirm that the number of ballots counted in that election does not exceed the number of ballots cast in that election; (b) Reconcile the ballots cast in each precinct in the county to confirm that the number of ballots cast does not exceed the number of registered electors in the precinct; and (c) Certify the abstract of votes cast in any election and transmit the certification to the secretary of state. A majority of canvass board members' signatures shall be sufficient to certify the abstract of votes cast in any election. When unable to certify the abstract of votes by the majority of the board for any reason, the canvass board shall transmit the noncertified abstract of votes to the secretary of state along with a written report detailing the reason for noncertification. Source: L. 99: Entire section added, p. 478, § 3, effective July 1. L. 2009: Entire section amended, (HB 09-1336), ch. 261, p. 1199, § 9, effective August 5. 1-10-102. Official abstract of votes cast - certification. (1) No later than the twentysecond day after any election coordinated by the county clerk and recorder, the canvass board shall complete its duties. (2) (Deleted by amendment, L. 99, p. 479, § 4, effective July 1, 1999.) Colorado Revised Statutes 2019 Page 306 of 513 Uncertified Printout (3) If a recount is held and the vote result changes, the county canvass board shall prepare and certify an amended official abstract of votes cast. If the vote result does not change after the recount, the county canvass board shall include a statement to that effect in the official abstract of votes cast. Source: L. 92: Entire article R&RE, p. 776, § 13, effective January 1, 1993. L. 94: (1) and (3) amended, p. 1169, § 47, effective July 1. L. 99: Entire section amended, p. 479, § 4, effective July 1. L. 2002: (1) amended, p. 1638, § 26, effective June 7. L. 2005: (1) amended, p. 1422, § 48, effective June 6; (1) amended, p. 1457, § 48, effective June 6. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1615, § 33, effective May 29. Editor's note: This section is similar to former § 1-10-102 (1) as it existed prior to 1992. 1-10-103. Transmitting returns to the secretary of state - total of results. (1) Immediately after the official abstract of votes cast has been certified and no later than the twenty-second day after any general or primary election or any coordinated election that includes a statewide ballot measure, the county clerk and recorder shall transmit to the secretary of state the portion of the abstract of votes cast that contains the statewide abstract of votes cast. (2) No later than the twenty-seventh day after any primary or general election or any coordinated election that includes a statewide ballot measure, the secretary of state shall compile and total the returns received from all counties for all candidates, ballot issues, and ballot questions certified by the secretary of state, determine if a recount of any office, ballot issue, or ballot question is necessary, and order the appropriate recounts, if any. (3) Following each general election, the county clerk and recorder shall transmit a list of the names of those candidates elected to county offices to the secretary of state. Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 1, 1993. L. 94: (1) amended, p. 1169, § 48, effective July 1. L. 99: Entire section amended, p. 479, § 5, effective July 1. L. 2002: Entire section amended, p. 1638, § 27, effective June 7. L. 2005: (1) and (2) amended, p. 1422, § 49, effective June 6; (1) and (2) amended, p. 1457, § 49, effective June 6. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1066, § 17, effective May 27. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1615, § 34, effective May 29. Editor's note: This section is similar to former § 1-10-104 (1) as it existed prior to 1992. 1-10-104. Imperfect returns - corrections. (1) If, in the course of their duties, the canvass board or the secretary of state finds that the method of making or certifying returns from any precinct, county, or district does not conform to the requirements of law, the returns shall nevertheless be canvassed if they are sufficiently explicit in showing how many votes were cast for each candidate, ballot question, or ballot issue. (2) If the canvass board or the secretary of state finds a clerical error or omission in the returns, the county clerk and recorder, after consultation with the election judges, shall make any correction required by the facts of the case. The election judges shall sign and submit to the canvass board any documentation required for any explanation or verification of the additions or Colorado Revised Statutes 2019 Page 307 of 513 Uncertified Printout corrections. The canvass board may adjourn from day to day for the purpose of obtaining the additions or corrections. Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 1, 1993. L. 99: Entire section amended, p. 480, § 6, effective July 1. Editor's note: This section is similar to former § 1-10-105 as it existed prior to 1992. 1-10-104.5. Rules. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., for the purpose of establishing equitable uniformity in the appointment and operation of canvass boards. Source: L. 2009: Entire section added, (HB 09-1336), ch. 261, p. 1199, § 10, effective August 5. 1-10-105. Election results - certification by secretary of state. (1) After receiving the final abstracts of votes cast for all elections from the counties, including any recounts, the secretary of state shall prepare and certify the official statewide election results for all candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot. For each contest, the certified election results must show the total number of votes received, with subtotals for each county in which the candidate was on the ballot, and the ballot wording for each ballot issue and ballot question. (2) In the event of tie votes, the secretary of state shall include the method of resolving votes and the final result in the statewide abstract of votes cast. (3) (Deleted by amendment, L. 99, p. 480, § 7, effective July 1, 1999.) (4) In the event that an accurate and verifiable determination of the count cannot be made and therefore the secretary of state is unable to certify the election of any candidate, the secretary shall issue a report indicating the nature of the irregularity rather than issue a certification. (5) The secretary of state shall publish on a biennial basis an official abstract of votes cast for all statewide elections held in the year of the general election and include the oddnumber year immediately preceding that general election. The abstract shall contain the following information: (a) All information included in the statewide abstract of votes cast, as provided in subsection (1) of this section; (b) The names of candidates elected to county offices and the offices for which they were elected, as furnished by the county clerk and recorders; (c) The reconciled total number of active, registered voters in each county on election day; (d) Based on the total number of registered voters, the percent of voter turnout in each county; and (e) Any other information that the secretary of state determines would be interesting or useful to the electorate or other elected officials. (6) Upon the request of a county clerk and recorder, the secretary of state shall furnish a copy of the complete official biennial statewide abstract of votes to the county clerk and Colorado Revised Statutes 2019 Page 308 of 513 Uncertified Printout recorder, at no charge, no later than June of the odd-numbered year immediately following the general election. Source: L. 92: Entire article R&RE, p. 777, § 13, effective January 1, 1993. L. 94: (1) amended, p. 1169, § 49, effective July 1. L. 99: Entire section amended, p. 480, § 7, effective July 1. L. 2009: (5)(c) amended, (HB 09-1018), ch. 158, p. 685, § 7, effective August 5. L. 2010: (6) amended, (HB 10-1116), ch. 194, p. 839, § 25, effective May 5. L. 2012: (5)(d) amended, (HB 12-1292), ch. 181, p. 688, § 39, effective May 17. L. 2016: (1) amended, (SB 16142), ch. 173, p. 586, § 61, effective May 18. Editor's note: This section is similar to former § 1-10-104 (2) as it existed prior to 1992. 1-10-106. Summary of election results - statewide elections - early voting. (1) (a) Within sixty days after a statewide election, the designated election official shall prepare and make available to the public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question on the ballot certified by the designated election official pursuant to section 1-5-203. (b) and (c) Repealed. (2) The designated election official may charge a fee for a copy of the statement prepared pursuant to this section in an amount not to exceed the actual cost of making the copy. (3) The designated election official shall retain all materials used to compile the statement required by this section for a period of at least twenty-five months. Source: L. 2005: Entire section added, p. 1422, § 50, effective June 6; entire section added, p. 1457, § 50, effective June 6. L. 2006: (1)(c) amended, p. 2035, § 22, effective June 6. L. 2007: (1)(c) amended, p. 1796, § 62, effective June 1. L. 2013: (1)(b) and (1)(c) repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. Cross references: In 2013, subsections (1)(b) and (1)(c) were repealed by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. PART 2 SURVEY OF RETURNS - NONPARTISAN ELECTIONS 1-10-201. Canvass of nonpartisan elections. (1) Except as provided for special districts in subsection (1.5) of this section, at least fifteen days before any nonpartisan election that is not coordinated by the county clerk and recorder, the governing body or bodies that called the election shall appoint two registered electors of the political subdivision to serve as members of the canvass board. One of the two persons appointed may be a member of the governing body. The persons so appointed and the designated election official constitute the canvass board for the election. If the election is coordinated between two or more governing bodies, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies. Colorado Revised Statutes 2019 Page 309 of 513 Uncertified Printout (1.5) Unless otherwise directed by the board of directors of a special district, at least fifteen days before any regular special district election, the designated election official shall appoint at least one member of the board of such district and at least one eligible elector of the special district who is not a member of such board to assist the designated election official in the survey of returns. The persons so appointed and the designated election official constitute the board of canvassers for the election. (2) To the fullest extent possible, no member of the canvass board nor the member's spouse or civil union partner shall have a direct interest in the election. (3) If for any reason any person appointed as a member of the canvass board refuses, fails, or is unable to serve, that appointed person shall notify the designated election official, who shall appoint another person with the same qualifications, if available, to the canvass board. (4) Each canvass board member who is not a member of the governing body shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the designated election official and shall be paid by the political subdivision for which the service is performed. (5) Prior to assuming their duties, the members of the canvass board shall swear or affirm the following: "I, ____________, do solemnly swear (or affirm) that I am a registered elector in the county of ____________ and of the state of Colorado and that I will faithfully perform the duties required of a member of the canvass board." Source: L. 92: Entire article R&RE, p. 778, § 13, effective January 1, 1993. L. 94: Entire section amended, p. 1170, § 50, effective July 1. L. 99: Entire section amended, p. 481, § 8, effective July 1; (1) amended and (1.5) added, p. 451, § 8, effective August 4. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 747, § 116, effective May 10. Editor's note: Amendments to subsection (1) by House Bill 99-1268 and House Bill 991160 were harmonized. Cross references: In 2013, subsection (2) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. 1-10-202. Canvass of votes in coordinated elections. For any election coordinated by the county clerk and recorder, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies holding the election. Source: L. 92: Entire article R&RE, p. 778, § 13, effective January 1, 1993. L. 93: Entire section amended, p. 1433, § 111, effective July 1. L. 99: Entire section amended, p. 482, § 9, effective July 1. 1-10-203. Official abstract of votes cast - nonpartisan elections. (1) No later than twenty-two days after an election, the canvass board shall certify to the designated election official the official abstract of votes cast for all candidates, ballot issues, and ballot questions in that election. Colorado Revised Statutes 2019 Page 310 of 513 Uncertified Printout (2) If the election is canceled pursuant to section 1-5-208, the designated election official shall note the cancellation and the declared winner on the certified statement of results and the abstract of votes cast, if one is prepared. (3) If a recount is held and the result of the election changes after the recount, the canvass board shall prepare and certify an amended official abstract of votes cast. If the result of an election subject to a recount does not change after such recount, the canvass board shall include a statement of that fact in the abstract of votes cast. Source: L. 92: Entire article R&RE, p. 778, § 13, effective January 1, 1993. L. 93: (1) amended, p. 1433, § 112, effective July 1. L. 94: Entire section amended, p. 1170, § 51, effective July 1. L. 95: Entire section amended, p. 843, § 67, effective July 1. L. 99: Entire section amended, p. 482, § 10, effective July 1. L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 839, § 26, effective May 5. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1615, § 35, effective May 29. 1-10-204. Imperfect returns. If the canvass board finds that the method of making or certifying returns from any precinct does not conform to the requirements of law, the returns of the votes cast in that precinct shall nevertheless be canvassed if the returns are sufficiently explicit to enable the canvass board to determine how many votes were cast for each candidate, ballot question, or ballot issue. Source: L. 92: Entire article R&RE, p. 779, § 13, effective January 1, 1993. L. 94: Entire section amended, p. 1171, § 52, effective July 1. L. 99: Entire section amended, p. 483, § 11, effective July 1. 1-10-205. Corrections. If the canvass board finds a clerical error or omission in the returns, the board shall consult with the election judges from whom the returns were received to resolve the discrepancies. The election judges shall submit to the canvass board any documentation for verification of the additions and corrections, and the canvass board shall make any additions and corrections required by the facts of the case. The canvass board may adjourn from day to day for the purpose of obtaining the corrections and additions. Source: L. 92: Entire article R&RE, p. 779, § 13, effective January 1, 1993. L. 99: Entire section amended, p. 483, § 12, effective July 1. PART 3 RECOUNTS 1-10-301 to 1-10-309. (Repealed) Source: L. 99: Entire part repealed, p. 492, § 24, effective July 1. Colorado Revised Statutes 2019 Page 311 of 513 Uncertified Printout Editor's note: (1) This part 3 originated as part of the repeal and reenactment of this article in 1992. For amendments to this part 3 prior to its repeal in 1999, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the article heading for this article. (2) Sections 1-10-301 to 1-10-307 were relocated to article 10.5 of this title 1. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. ARTICLE 10.5 Recounts Editor's note: This article was added with relocations in 1999. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 1-10.5-101. Recounts required - expenses. (1) (a) (Deleted by amendment, L. 2001, p. 1265, § 1, effective June 5, 2001.) (b) A recount of any election contest shall be held if the difference between the highest number of votes cast in that election contest and the next highest number of votes cast in that election contest is less than or equal to one-half of one percent of the highest vote cast in that election contest. If there is more than one person to be elected in an election contest, a recount shall be held if the difference between the votes cast for the candidate who won the election with the least votes and the candidate who lost the election with the most votes is less than or equal to one-half of one percent of the votes cast for the candidate who won the election with the least votes. A recount shall occur only after the canvass board certifies the original vote count. (2) Except as provided in section 1-10.5-106, any expenses incurred in conducting a recount in any political subdivision shall be paid by the entity that certified the candidate, ballot question, or ballot issue for the ballot. Members of the canvass board who assist in any recount shall receive the same fees authorized for counting judges in section 1-6-115. Source: L. 99: Entire article added with relocations, p. 483, § 13, effective July 1. L. 2001: (1) amended, p. 1265, § 1, effective June 5. L. 2006: (1)(b) amended, p. 277, § 1, effective August 7. 1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (1) If the secretary of state determines that a recount is required for the office of United States senator, representative in congress, any state office or district office of state concern, any state ballot question, or any state ballot issue certified for the ballot by the secretary of state, the secretary of state shall order a complete recount of all the votes cast for that office, state ballot question, or state ballot issue no later than the thirtieth day after the election. (2) The secretary of state shall notify the county clerk and recorder of each county involved of a public recount to be conducted in the county at a place prescribed by the secretary of state. The recount shall be completed no later than the thirty-fifth day after any election. The secretary of state shall promulgate and provide each county clerk and recorder with the Colorado Revised Statutes 2019 Page 312 of 513 Uncertified Printout necessary rules to conduct the recount in a fair, impartial, and uniform manner, including provisions for watchers during the recount. Any rule concerning the conduct of a recount must take into account the type of voting system and equipment used by the county in which the recount is to be conducted. (3) (a) Prior to any recount, the canvass board shall choose at random and test voting devices used in the candidate race, ballot issue, or ballot question that is the subject of the recount. The board shall use the voting devices it has selected to conduct a comparison of the machine count of the ballots counted on each such voting device for the candidate race, ballot issue, or ballot question to the corresponding manual count of: (I) In the case of an election taking place in a county prior to the date the county has satisfied the requirements of section 1-5-802, the ballots; or (II) For an election taking place in a county on or after the date the county has satisfied the requirements of section 1-5-802, the voter-verified paper records. (b) If the results of the comparison of the machine count and the manual count in accordance with the requirements of subparagraph (I) or (II) of paragraph (a) of this subsection (3) are identical, or if any discrepancy is able to be accounted for by voter error, then the recount may be conducted in the same manner as the original ballot count. If the results of the comparison of the machine count and the manual count in accordance with the requirements of subparagraph (I) or (II) of paragraph (a) of this subsection (3) are not identical, or if any discrepancy is not able to be accounted for by voter error, a presumption shall be created that the voter-verified paper records will be used for a final determination unless evidence exists that the integrity of the voter-verified paper records has been irrevocably compromised. The secretary of state shall decide which method of recount is used in each case, based on the secretary's determination of which method will ensure the most accurate count, subject to judicial review for abuse of discretion. Nothing in this subsection (3) shall be construed to limit any person from pursuing any applicable legal remedy otherwise provided by law. (c) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting the test of voting devices for the recount required by paragraph (a) of this subsection (3). The rules shall account for: (I) The number of ballots cast in the candidate race, ballot issue, or ballot question that is the subject of the recount; (II) An audit of each type of voting device utilized by the county in the candidate race, ballot issue, or ballot question that is the subject of the recount; and (III) The confidentiality of the ballots cast by the electors in the candidate race, ballot issue, or ballot question that is the subject of the recount. Source: L. 99: Entire article added with relocations, p. 484, § 13, effective July 1. L. 2001: (2) amended, p. 300, § 1, effective August 8. L. 2002: (1) and (2) amended, p. 1638, § 28, effective June 7. L. 2005: (2) and (3) amended, p. 1423, § 51, effective June 6; (2) and (3) amended, p. 1458, § 51, effective June 6. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 688, § 40, effective May 17. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1615, § 36, effective May 29. Colorado Revised Statutes 2019 Page 313 of 513 Uncertified Printout Editor's note: This section is similar to former § 1-10-301 as it existed prior to 1999. 1-10.5-103. Recount for other offices, ballot issues, and ballot questions in an election coordinated by county clerk and recorder. In any election coordinated by the county clerk and recorder, if it appears, as evidenced by the official abstract of votes cast, that a recount is required for any office, ballot question, or ballot issue not included in section 1-10.5-102, the county clerk and recorder shall order a recount of the votes cast for the office, ballot question, or ballot issue. Any recount of the votes shall be completed no later than the thirty-fifth day after the election. A political subdivision that referred a ballot issue or ballot question to the electors may waive the automatic recount provisions of this section if the ballot issue or ballot question fails by giving written notice to the county clerk and recorder within twenty-three days after any election. Source: L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. L. 2001: Entire section amended, p. 300, § 2, effective August 8. L. 2002: Entire section amended, p. 1639, § 29, effective June 7. L. 2005: Entire section amended, p. 1424, § 52, effective June 6; entire section amended, p. 1459, § 52, effective June 6. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1616, § 37, effective May 29. Editor's note: This section is similar to former § 1-10-302 as it existed prior to 1999. 1-10.5-104. Recount for nonpartisan elections not coordinated by county clerk and recorder. If it appears, as evidenced by the abstract of votes cast that a recount is required for any office, ballot question, or ballot issue, the designated election official shall order a recount of the votes cast for the office, the ballot issue, or ballot question no later than the twenty-fifth day after the election. Any recount under this section shall be completed no later than the fortieth day after the election. Source: L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. L. 2001: Entire section amended, p. 301, § 3, effective August 8. L. 2002: Entire section amended, p. 1639, § 30, effective June 7. Editor's note: This section is similar to former § 1-10-303 as it existed prior to 1999. 1-10.5-105. Notice of recount. Notice prior to the recount shall be given to all candidates and, in the case of a ballot issue or ballot question, any petition representative identified pursuant to section 1-40-113, any governing body, or any agent of an issue committee, if such committee is required to report contributions to the secretary of state pursuant to the "Fair Campaign Practices Act", article 45 of this title, that are affected by the result of the election. Notice shall be given by certified mail and by telephone, facsimile transmission, or personal service. Source: L. 99: Entire article added with relocations, p. 485, § 13, effective July 1. Colorado Revised Statutes 2019 Page 314 of 513 Uncertified Printout 1-10.5-106. Request for recount by interested party - definitions. (1) As used in this section, "interested party" means the candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass at the election, the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or ballot issue did not pass at the election, or the agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of this title, that either supported a ballot question or ballot issue that did not pass at the election or opposed a ballot question or ballot issue that passed at the election. (2) Whenever a recount is not required, an interested party may submit a notarized written request for a recount at the expense of the interested party making the request. This request shall be filed with the secretary of state, the county clerk and recorder, the designated election official, or other governing body that originally certified the candidate, ballot question, or ballot issue for the ballot within twenty-eight days after any primary, general, or coordinated election. Such election official shall notify the political subdivision within which the election was held no later than the day following receipt of the request. Before conducting the recount, the election official who will conduct the recount shall determine the cost of the recount within one day of receiving the request to recount, notify the interested party that requested the recount of the cost, and collect the costs of conducting the recount. If the request is filed with the secretary of state, the secretary of state shall determine the cost of the recount by adding the individual amounts determined by the political subdivisions conducting the recount. The interested party that requested the recount shall pay the cost of the recount by certified funds to the election official with whom the request for a recount was filed within one day of receiving the election official's cost determination. The funds shall be placed in escrow for payment of all expenses incurred in the recount. If after the recount the result of the election is reversed in favor of the interested party that requested the recount or if the amended election count is such that a recount otherwise would have been required, the payment for expenses shall be refunded to the interested party that requested the recount. Any escrow amounts not refunded to the interested party that requested the recount shall be paid to the election officials who conducted the recount. Any recount of votes pursuant to this section shall be completed no later than the thirty-seventh day after any primary, general, or coordinated election. Source: L. 99: Entire article added with relocations, p. 486, § 13, effective July 1. L. 2002: (2) amended, p. 1639, § 31, effective June 7. L. 2005: (2) amended, p. 1424, § 53, effective June 6; (2) amended, p. 1460, § 53, effective June 6. L. 2011: (2) amended, (SB 11189), ch. 243, p. 1066, § 18, effective May 27. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1616, § 38, effective May 29. Editor's note: This section is similar to former §§ 1-10-1304 and 1-10-304.5 as they existed prior to 1999. 1-10.5-107. Canvass board to conduct recount. (1) Any county clerk and recorder or governing body required to conduct a recount shall arrange to have the recount made by the canvass board who officiated in certifying the official abstract of votes cast. If any member of Colorado Revised Statutes 2019 Page 315 of 513 Uncertified Printout the canvass board cannot participate in the recount, another person shall be appointed in the manner provided by law for appointment of the members of the original board. (2) Any canvass board making a recount under the provisions of this section may employ assistants and clerks as necessary for the conduct of the recount. (3) The canvass board may require the production of any documentary evidence regarding any vote cast or counted and may correct the abstract of votes cast in accordance with its findings based on the evidence presented. (4) At the conclusion of the recount, the canvass board shall make the returns of all partisan, nonpartisan, ballot issue, and ballot question elections to the designated election official and provide a copy to the persons or groups requesting the recount or notified of the recount pursuant to sections 1-10.5-105 and 1-10.5-106. The canvass board shall meet and issue an amended abstract of votes cast for the office, ballot issue, or ballot question that is the subject of the recount and deliver it to the designated election official. (5) The designated election official shall notify the governing body of the results of the recount. Source: L. 99: Entire article added with relocations, p. 487, § 13, effective July 1. Editor's note: This section is similar to former § 1-10-305 as it existed prior to 1999. 1-10.5-108. Method of recount. (Repealed) Source: L. 99: Entire article added with relocations, p. 487, § 13, effective July 1. L. 2001: Entire section amended, p. 301, § 4, effective August 8. L. 2005: Entire section repealed, p. 1425, § 56, effective June 6; entire section repealed, p. 1461, § 56, effective June 6. Editor's note: This section was similar to former § 1-10-306 as it existed prior to 1999. 1-10.5-109. Challenge of recount. (1) (a) Any interested party that requested a recount of a county, state, national, or district office of state concern or any party to such recount that has reasonable grounds to believe that the recount is not being conducted in a fair, impartial, and uniform manner may apply to the district court of the city and county of Denver for an order requiring the county clerk and recorder to stop the recount and to give the secretary of state access to all pertinent election records used in conducting the recount, and requiring the secretary of state to conduct the recount. The county clerk and recorder shall be an official observer during any recount conducted by the secretary of state. (b) Any interested party that requested a recount of any other local office