2022 Colorado Code
Title 1 - Elections
Article 7 - Conduct of Elections
Part 1 - Hours of Voting, Registration, Oaths, and Assistance to Vote
§ 1-7-118. Ranked Voting in a Coordinated Election - Procedure - Costs - Definition

[ Editor's note: This section is effective July 1, 2022. ]

(1) On and after January 1, 2023, a municipality located in a single county that takes formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election, as defined in section 1-7-116, by providing written notice to the county clerk and recorder conducting the election at least one hundred days before the election. If the county uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting, the county clerk and recorder shall conduct the election as part of the coordinated election in accordance with this section and section 1-7-116. In addition to the requirements of section 1-7-116 (2), the agreement between the county clerk and recorder and the municipality must include a plan for conducting the voter education campaign required by section 1-7-1003 (5)(b). The county clerk and recorder conducting the election shall, with input from the municipality, determine the maximum number of choices an elector may rank in accordance with section 1-7-1003 (1).

(2) A municipality that refers an election using instant runoff voting to be conducted as part of a coordinated election shall pay for the reasonable increased costs associated with the use of instant runoff voting in the coordinated election, including but not limited to costs related to election setup licensing costs pursuant to section 1-5-603 (2), programming, ballot design, additional voter information and education, and tabulation.

(3) (a) On and after July 1, 2026, a municipality located in more than one county that takes formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election, as defined in section 1-7-116, by providing written notice to each county clerk and recorder conducting the election at least one hundred days before the election. The county clerk and recorder of each such county shall conduct the election as part of the coordinated election only if:

(I) The municipality timely provides the notice required by subsection (1) of this section to each county clerk and recorder;

(II) Each county clerk and recorder uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting; and

(III) The data from the voting systems used by all such counties can be tabulated together in accordance with rules established by the secretary of state in accordance with subsection (5) of this section.

(b) If the requirements of subsection (3)(a) of this section are met, the municipality and the counties shall enter into an agreement concerning the conduct of the election in accordance with section 1-7-116 (2). In addition to the requirements of section 1-7-116 (2), the agreement must:

(I) Include a plan for conducting the voter education campaign required by section 1-7-1003 (5)(b);

(II) Establish the maximum number of choices an elector may rank on the ballot in accordance with section 1-7-1003 (1); and

(III) Adopt procedures for the county canvass boards to reconcile the ballots and certify the abstract of votes for the instant runoff voting election in accordance with rules established by the secretary of state pursuant to subsection (5) of this section.

(c) If the requirements of subsection (3)(a) of this section are not met, the instant runoff voting election shall not be conducted as part of the coordinated election. The municipality may conduct the election in accordance with part 10 of this article 7 or the municipality's charter, as applicable, and the "Colorado Municipal Election Code of 1965", article 10 of title 31.

(4) For each election using instant runoff voting that is conducted as part of a coordinated election:

(a) Each county clerk and recorder conducting the election shall provide the explanation of ranked voting and instructions for electors required by section 1-7-1003 (5)(a); and

(b) If the instant runoff voting election is conducted in multiple counties pursuant to subsection (3)(a) of this section, each county canvass board shall certify the abstract of votes cast and provide tabulation data to the designated election official for the municipality in accordance with rules promulgated by the secretary of state.

(5) On or before April 1, 2023, the secretary of state shall adopt rules concerning the tabulation, reporting, and canvassing of results for a coordinated election using instant runoff voting conducted by a single county. On or before January 1, 2025, the rules must include provisions for an instant runoff voting election conducted by multiple counties.

(6) As used in this section, "municipality" means a statutory city or town or a home rule municipality.

Source: L. 2021: Entire section added, (HB 21-1071), ch. 367, p. 2419, § 10, effective July 1, 2022.