2021 Colorado Code
Title 1 - Elections
Article 1.5 - Help America Vote Act
§ 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.
History. Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22.
ANNOTATION
Federal and state provisions regarding who is authorized to file an administrative complaint under the federal Help America Vote Act are in conflict because the rule of standing under § 1-1.5-105 (2)(b) is narrower than, and inconsistent with, the federal provision under 42 U.S.C. § 15512(a)(1) and (a)(2)(B). Therefore, according to this section and 42 U.S.C. § 15512(a)(1), the federal statute must control. Marks v. Gessler, 2013 COA 115 , 350 P.3d 883.
District court had subject matter jurisdiction under this section to determine whether there is a conflict between 42 U.S.C. § 15512(a)(2)(B) and § 1-1.5-105 (2)(b) . Marks v. Gessler, 2013 COA 115 , 350 P.3d 883.