2022 Colorado Code
Title 1 - Elections
Article 13 - Election Offenses
Part 7 - Offenses - Conduct of Elections
§ 1-13-714. Electioneering - Removing and Return of Ballot - Definition
(1) (a) No person shall do any electioneering on the day of any election, or during the time when voting is permitted for any election, within any polling location or in any public street or room or in any public manner within one hundred feet of any building in which a polling location is located, as publicly posted by the designated election official.
(b) (I) As used in this section, the term "electioneering" includes:
(A) Campaigning for or against any candidate who is on the ballot or any ballot issue or ballot question that is on the ballot.
(B) The distribution or display of campaign posters, signs, or other campaign materials or apparel, including materials or apparel promoting or opposing a candidate or displaying a candidate's name, likeness, or campaign slogan.
(C) Soliciting signatures for a candidate petition, a recall petition, or a petition to place a ballot issue or ballot question on a subsequent ballot.
(II) "Electioneering" does not include a respectful display of the American flag.
(c) Nothing in this section limits or prohibits the incidental display of buttons, shirts, hats, or other apparel that support various causes or political issues by individuals who are traveling through corridors subject to the one-hundred foot electioneering restriction specified in subsection (1)(a) of this section seeking access to areas other than polling locations on campuses of state institutions of higher education.
(2) Except as necessary for ballot counting, no person may remove any official ballot from the polling location before the closing of the polls.
(3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.
Source: L. 80: Entire article R&RE, p. 435, § 1, effective January 1, 1981. L. 94: Entire section amended, p. 1179, § 72, effective July 1. L. 95: Entire section amended, p. 853, § 88, effective July 1. L. 2006: Entire section amended, p. 2035, § 23, effective June 6. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 748, § 121, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 589, § 72, effective May 18. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1667, § 69, effective June 21; (3) amended, (SB 21-271), ch. 462, p. 3129, § 36, effective March 1, 2022.
Editor's note: (1) This section is similar to former §§ 1-13-127 and 1-30-114 (1) as they existed prior to 1980.
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(3) 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.
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.
