2022 Colorado Code
Title 1 - Elections
Article 5 - Notice of and Preparation for Elections
Part 7 - Accessibility for Electors With Disabilities
§ 1-5-706. Ballot Access for Voters With a Disability - Definition
(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.
(1.5) In addition to the procedures specified in subsection (1) of this section, the secretary of state shall establish an electronic transmission system through which a voter with a disability may request and return 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) may print and return the ballot or may return the ballot by electronic transmission if the voter affirms the voter is an eligible person in accordance with subsection (2)(d) of this section. To be valid, a ballot returned by a voter pursuant to this subsection (2) must include a signed affidavit or a copy of an acceptable form of identification as defined in section 1-1-104 (19.5) and must be received by the election official in the applicable jurisdiction before the close of polls on the day of the election.
(d) As used in this section, "eligible person" means an individual who, regardless of any other disability:
(I) Is blind;
(II) Has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read or mark a ballot to substantially the same degree as a person without an impairment or disability; or
(III) Is otherwise unable, through physical disability, to hold, mark, or manipulate a ballot or to focus or move the eyes to the extent that would be normally acceptable for reading or marking a ballot.
Source: L. 2019: Entire section added, (SB 19-202), ch. 327, p. 3038, § 1, effective August 2. L. 2021: (1.5) and (2)(d) added and (2)(c) amended, (SB 21-188), ch. 171, p. 945, § 1, effective September 7.
