2021 Colorado Code
Title 1 - Elections
Article 5 - Notice of and Preparation for Elections
Part 5 - Polling Place Supplies and Equipment
§ 1-5-505. Election Expenses to Be Paid by County

Universal Citation: CO Code § 1-5-505 (2021)
  1. Except as provided in section 1-5-505.5, 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.
    1. 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.
    2. 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.
    3. 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.

History. 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.

ANNOTATION

Counties are required under subsection (1) of this section to assume the cost of providing drop-off boxes for mail-in ballots at every polling place on election day in compliance with § 1-8-113 (1)(a) , notwithstanding that this increase in service may create additional costs to the county. Subsection (1) and statute requiring state reimbursement to counties for costs associated with an increased level of service, § 29-1-304.5 (1) , are in irreconcilable conflict. However, subsection (1), which pertains only to election funding, is more specific than the other statute, which broadly applies its reimbursement requirement to most existing state programs. Although § 29-1-304.5 (1) was adopted after subsection (1), there is no manifest intent that it should prevail in a conflict with the other statute. Rather, the intent of the legislature was to prioritize citizens' access to free and fair elections over convenience or cost savings to counties. Thus, subsection (1) should prevail over § 29-1-304.5 (1), rendering § 29-1-304.5 (1) inapplicable to the requirement that counties provide drop-off boxes for mail-in ballots at every polling place on election day under § 1-8-113 (1)(a) . Gessler v. Doty, 2012 COA 4 , 272 P.3d 1131.


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