2021 Colorado Code
Title 1 - Elections
Article 13 - Election Offenses
Part 7 - Offenses - Conduct of Elections
§ 1-13-718. Release of Information Concerning Count

[ ] Any election official, watcher, or other person who releases information concerning the count of ballots cast at polling locations or of mail-in or mail voters' ballots prior to 7 p.m. on the day of the election is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-13-111 .

History. Source: L. 80: Entire article R&RE, p. 436, § 1, effective January 1, 1981. L. 93: Entire section amended, p. 1436, § 122, effective July 1. L. 2007: Entire section amended, p. 1797, § 66, effective June 1. L. 2013: Entire section amended,(HB 13-1303), ch. 185, p. 749, § 124, effective May 10. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3130, § 40, effective March 1, 2022.

1. This section is similar to former § 1-13-144 as it existed prior to 1980.
2. Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

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.

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Where there is a gross disregard of the procedure and formalities in the conduct of elections, whether permitted by design, through ignorance, or negligence, the returns should be rejected. People v. Lindsey, 80 Colo. 465 , 253 P. 465 (1927).

And it is not necessary that actual fraud should be committed. People v. Lindsey, 80 Colo. 465 , 253 P. 465 (1927).

But mere disclosure of early returns must affect result to set aside election. While it is a misdemeanor to disclose to anyone the comparative standing of candidates or questions being voted upon during an election while the polls are still open, an election will not be set aside for this reason alone unless this fact has been shown to affect the result of the election. Montrose v. Niles, 124 Colo. 535 , 238 P.2d 875 (1951).