C.R.S. § 1-7.5-107 — CO Code / Title 1 / Article 7.5 / Part 1 / Section 1-7.5-107
1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time
Status: repealed

1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal. (1) Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secretary of state; except that mail ballot packets shall be prepared in accordance with this article.

(2) Repealed.

(2.3) (Deleted, 2016.)

(2.5) Repealed.

(2.7) Subsequent to the preparation of ballots in accordance with section 1-5-402 but prior to the mailing required under subsection (3) of this section, and no sooner than forty-five days nor later than thirty-two days before an election, a designated election official shall provide a mail ballot to a registered elector requesting the ballot at the designated election official's office or the office designated in the election plan filed with the secretary of state.

(3) (a) (I) Not sooner than twenty-two days before a general, primary, or other mail ballot election, and no later than eighteen days before the election, the county clerk and recorder or designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED.", or any other similar statement that is in accordance with United States postal service regulations. Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.

(II) If the twenty-second day before a general, primary, or other mail ballot election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, the county clerk and recorder or designated election official may mail ballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second day.

(b) The ballot or ballot label shall contain the following warning:

WARNING:

Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.

(b.5) (I) (A) The return envelope must have printed on it a self-affirmation substantially in the following form:

I affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; I voted the ballot that was issued to me; and this is the only ballot I have voted in this election.

............................................................

DateSignature of voter

(B) (Deleted by amendment, L. 2021.)

(II) The signing of the self-affirmation on the return envelope shall constitute an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person.

(III) The return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device.

(c) Repealed.

(d) An eligible elector may obtain a replacement ballot in accordance with the procedures specified in sections 1-7.5-114.5 and 1-7.5-115.

(3.5) (a) Unless otherwise provided by section 1-2-201 (5), the requirements of this subsection (3.5) apply to a person who registered to vote in accordance with article 2 of this title and who has not previously voted in an election in Colorado.

(b) Any person who matches the description specified in subsection (3.5)(a) of this section and intends to cast his or her ballot by mail in accordance with this article 7.5 shall submit with his or her mail ballot a copy of identification within the meaning of section 1-1-104 (19.5).

(c) The county clerk and recorder or designated election official shall include with the mail ballot packet required by paragraph (a) of subsection (3) of this section written instructions advising an elector who matches the description specified in paragraph (a) of this subsection (3.5) of the manner in which the elector shall be in compliance with the requirements contained in paragraph (a) of this subsection (3.5).

(d) (I) Any person who desires to cast his or her ballot by mail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail. The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section. If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted.

(II) The county clerk and recorder or designated election official, within twenty-four hours of receiving an eligible elector's identification in compliance with subsection (3.5)(b) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (3.5)(d)(II) on a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsection (3.5)(d)(I) of this section and sections 1-7.5-107.3 (1.5)(a) and 1-7.5-107.3 (2)(a) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued or indicates that the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.

(III) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (4.3)(a)(II) of this section.

(e) The requirements of this subsection (3.5) shall be implemented by state and local election officials in a uniform and nondiscriminatory manner.

(f) Notwithstanding any other provision of law, the requirements of this subsection (3.5) do not apply to any person who is:

(I) Entitled to vote by absentee ballot under the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.;

(II) Provided the right to vote otherwise than in person under section (b)(2)(B)(ii) of the federal "Voting Accessibility for the Elderly and Handicapped Act", 52 U.S.C. sec. 20102 et seq.; or

(III) Entitled to vote otherwise than in person under any other federal law.

(4) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, enclose identification if required by subsection (3.5) of this section, and comply with the instructions provided with the ballot.

(b) (I) The eligible elector may:

(A) Return the marked ballot to the county clerk and recorder or designated election official by United States mail or by depositing the ballot at the office of the county clerk and recorder or designated election official or at any voter service and polling center, drop box, or drop-off location designated by the county clerk and recorder or designated election official as specified in the election plan filed with the secretary of state. The ballot must be returned in the return envelope.

(B) Deliver the ballot to any person of the elector's own choice or to any duly authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery; or

(C) Cast his or her vote in person at the voter service and polling center.

(II) If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office of the county clerk and recorder or designated election official, a drop box, or a designated drop-off location, which must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election.

(III) A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be voting more than once pursuant to section 1-13-710.

(IV) Nothing in subparagraph (II) of this paragraph (b) affects or supersedes provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113.

(c) and (d) Repealed.

(4.3) (a) (I) For any election, other than a general election, for which a county clerk and recorder is the designated election official, there must be a minimum number of drop boxes where mail ballots may be deposited equal to at least one drop box for each thirty thousand active registered electors in the county; except that, if the district or political subdivision for which the election is being conducted is less populous than the county, the county clerk and recorder shall designate at least one drop box for each thirty thousand current active registered electors eligible to vote in that election. The drop boxes must be arrayed throughout the county in a manner that provides the greatest convenience to electors. Each drop box must comply with the secretary of state's current security rules.

(II) On and after January 1, 2020, for a presidential primary or November coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the county clerk and recorder shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).

(III) A county may establish additional drop-off locations at the county's discretion. Each drop-off location must be supervised in accordance with section 1-5-102.9 (5)(f).

(b) The minimum number of drop boxes described in subsection (4.3)(a) of this section must accept mail ballots delivered by electors during, at a minimum, the seven days prior to and including the day of the election.

(c) (I) The county clerk and recorder or designated election official shall arrange for the collection of ballots by bipartisan teams of election judges or staff from each drop box location after the drop box location is open and must receive the ballots into the statewide voter registration system:

(A) At least once every seventy-two hours after ballots are mailed, excluding ballots that are mailed pursuant to the federal"Uniformed and Overseas Citizens Absentee Voting Act of 1986", 52 U.S.C. sec. 20301 et seq., until the date that voter service and polling centers are required to open;

(B) At least once every twenty-four hours during the days that voter services and polling centers are required to be open;

(C) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least once on the Sunday before election day; and

(D) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least twice on the Monday before election day and at least twice on election day before 7 p.m.

(II) A county clerk and recorder or designated election official may satisfy the requirements of subsection (4.3)(c)(I) of this section by:

(A) Collecting and transporting the ballots to the central counting location for receipt into the statewide voter registration system; or

(B) Collecting and transporting the ballots to the nearest voter service and polling center for receipt into the statewide voter registration system.

(III) A county clerk and recorder may request a waiver from the secretary of state exempting the county from the drop box ballot collection requirements in subsection (4.3)(c)(I) of this section. If the secretary of state grants the waiver, the county clerk shall arrange for the collection of ballots by bipartisan teams of election judges from all exempt drop box locations once they are open as often as necessary, but at least once each week after the initial mailing of ballots under subsection (3)(a)(I) of this section, until the Friday before election day. The county clerk must post a notice on each exempt drop box of the dates and approximate times ballots will be collected.

(4.5) (a) (I) For any primary or November coordinated election, the county clerk and recorder shall designate voter service and polling centers equal to no fewer than the number of county motor vehicle offices in the county; except that each county shall have no fewer than one voter service and polling center, and, for counties with fewer than twenty-five thousand active registered electors, only one voter service and polling center is required. The county clerk and recorder may add additional voter service and polling center locations as necessary.

(II) Repealed.

(III) (A) For a presidential primary or November coordinated election, from the eighth day before the election until the second day before the election, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education, as defined in section 23-3.1-102 (5), that has ten thousand or more enrolled students, and on the day before the election and on election day, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).

(B) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) may count toward the minimum requirements of subsection (4.5)(a)(I) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) must be in addition to the minimum requirements of subsection (4.5)(a)(I) of this section.

(b) (Deleted by amendment, L. 2013.)

(b.5) For any election, other than a general, primary, or November coordinated election, for which the county clerk and recorder is the designated election official, the county clerk and recorder shall designate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election.

(c) The minimum number of voter service and polling centers shall be open during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays.

(d) In designating voter service and polling centers under this subsection (4.5), a county clerk and recorder shall take into account the factors described under section 1-5-102.9 (1)(c)(I).

(4.7) For the purposes of subsections (4.3) and (4.5) of this section, the number of active registered electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.

(5) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.

(b) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 834, § 20, effective May 5, 2010.)

(c) For any election conducted with or coordinated by a county clerk and recorder, the signature of the eligible elector on the return envelope shall be compared with the signature of the eligible elector on file in the office of the county clerk and recorder or in the statewide voter registration system in accordance with section 1-7.5-107.3.

(6) All deposited ballots shall be counted as provided in this article and by rules promulgated by the secretary of state. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 1-7-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has returned more than one ballot, the first ballot received is the accepted ballot. All candidates and issues for which the voter is eligible to vote will be counted on the accepted ballot. Rejected ballots shall be handled in the same manner as provided in sections 1-7.5-204 and 1-7.5-210.

(7) If, by the close of polls, an elector deposits a ballot at a drop-off location in a county in which the elector does not reside, the county clerk and recorder, upon discovering that fact, shall timely deliver the ballot to the county clerk and recorder of the county in which the elector resides, who shall accept the ballot for processing.
C.R.S. § 1-45-111.7 — CO Code / Title 1 / Article 45 / Section 1-45-111.7
1-45-111.7. Campaign finance complaints - initial review - curing violations - investigation
Status: repealed

1-45-111.7. Campaign finance complaints - initial review - curing violations - investigation and enforcement - hearings - advisory opinions - document review - collection of debts resulting from campaign finance penalties - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Article XXVIII" means article XXVIII of the state constitution.

(b) "Deputy secretary" means the deputy secretary of state appointed pursuant to section 24-21-105 or the deputy secretary's designee.

(c) "Division" means the division within the office of the secretary responsible for administering the state's laws governing campaign and political finance.

(d) "Hearing officer" means a person authorized to conduct a hearing under section 24-4-105 (3).

(e) "Rules" means the rules of the secretary concerning campaign and political finance.

(f) "Secretary" means the secretary of state or the secretary's designate.

(2) Filing complaints. (a) Any person who believes that a violation has occurred of article XXVIII, this article 45, article 46 of this title 1, or the rules may file a complaint with the secretary.

(b) A complaint must be filed no later than one hundred eighty days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation.

(c) Any complaint must be filed in writing and signed by the complainant on the form provided by the secretary. The complaint must identify one or more respondents and include the information required to be provided on the form.

(d) Upon receipt of a complaint, the division shall notify the respondent of the complaint by e-mail or by regular mail if e-mail is unavailable.

(e) The division shall forward any complaint made against a candidate for secretary or the secretary to the department of law for the review of the complaint by the attorney general to act on behalf of the division in accordance with applicable requirements of this section.

(3) Initial review. (a) The division shall conduct an initial review of a complaint filed under subsection (2) of this section to determine whether the complaint:

(I) Was timely filed under subsection (2)(b) of this section;

(II) Specifically identifies one or more violations of article XXVIII, this article 45, or the rules; and

(III) Alleges sufficient facts to support a factual and legal basis for the violations of law alleged in the complaint.

(b) Within ten business days of receiving a complaint, the division shall take one or more of the actions specified in this subsection (3)(b):

(I) If the division makes an initial determination that the complaint was not timely filed, has not specifically identified one or more violations of article XXVIII, this article 45, or the rules, or does not assert facts sufficient to support a factual or legal basis for an alleged violation, the division shall prepare and file with the deputy secretary a motion to dismiss the complaint. The deputy secretary shall make a determination on the motion to dismiss within five business days, which must be provided to the complainant and the respondent by e-mail or by regular mail if e-mail is unavailable. If the deputy secretary denies the motion, the division shall determine whether to conduct a review under subsection (3)(b)(II) or (3)(b)(III) of this section. The final determination by the deputy secretary on the motion to dismiss constitutes final agency action and is subject to judicial review by a state district court under section 24-4-106.

(II) If the division makes an initial determination that the complaint alleges one or more curable violations as addressed in subsection (4) of this section, the division shall notify the respondent and provide the respondent an opportunity to cure the violations.

(III) If the division makes an initial determination that the complaint has specifically identified one or more violations of article XXVIII, this article 45, or the rules, and has alleged facts sufficient to support a factual or legal basis for each alleged violation, and that either a factual finding or a legal interpretation is required, the division shall conduct additional review under subsection (5) of this section within thirty days to determine whether to file a complaint with a hearing officer.

(4) Curing violations. (a) Upon the division's initial determination that a complaint alleges a failure to file or otherwise disclose required information, or alleges another curable violation, the division shall notify the respondent by e-mail or by regular mail if e-mail is unavailable of the curable deficiencies alleged in the complaint.

(b) The respondent has ten business days from the date the notice is e-mailed or mailed to file an amendment to any relevant report that cures any deficiencies specified in the notice.

(c) The respondent shall provide the division with notice of the respondent's intent to cure on the form provided by the secretary and include a copy of any amendments to any report containing one or more deficiencies.

(d) Upon receipt of the respondent's notice of an intent to cure, the division may ask the respondent to provide additional information and may grant the respondent an extension of time to file an amended notice of intent to cure in order to respond to any such request.

(e) (I) After the period for cure has expired, the division shall determine whether the respondent has cured any violation alleged in the complaint and, if so, whether the respondent has substantially complied with its legal obligations under article XXVIII, this article 45, and the rules in accordance with subsection (4)(f) of this section.

(II) If the division determines that the respondent has substantially complied with its legal obligations, the division shall prepare and file with the deputy secretary a motion to dismiss the complaint. The motion must be accompanied by a draft order specifying the manner in which the respondent has satisfied the factors specified in subsection (4)(f) of this section. The deputy secretary shall make a determination on the motion to dismiss, which must be provided to the complainant and the respondent by e-mail or by regular mail if e-mail is unavailable. If the deputy secretary denies the motion, the division shall determine whether to conduct a review under subsection (3)(b)(II) or (3)(b)(III) of this section. The determination by the deputy secretary under this subsection (4)(e)(II) is final agency action and is subject to judicial review by a state district court under section 24-4-106.

(III) If the division determines that the respondent has failed to substantially comply under subsection (4)(f) of this section, the division shall conduct an additional review under subsection (5)(a) of this section to determine whether to file the complaint with a hearing officer.

(f) In determining whether an entity substantially complied with its legal obligations under article XXVIII, this article 45, or the rules the division must consider:

(I) The extent of the respondent's noncompliance;

(II) The purpose of the provision violated and whether that purpose was substantially achieved despite the noncompliance; and

(III) Whether the noncompliance may properly be viewed as an intentional attempt to mislead the electorate or election officials.

(g) If the division determines that the respondent failed to cure any alleged deficiency, the division shall conduct an additional review under subsection (5)(a) of this section to determine whether to file a complaint with a hearing officer.

(5) Investigations and enforcement. (a) (I) The division shall investigate each complaint that was not dismissed during either its initial review or by means of the cure proceedings in accordance with subsection (3) or (4) of this section to determine whether to file a complaint with a hearing officer. The division may also initiate an investigation under subsection (7)(b) of this section.

(II) For the purpose of an investigation relating to a complaint filed under subsection (2)(a) of this section or an investigation initiated by the division under subsection (7)(b) of this section, the division may request the production of any documents or other tangible things that are believed to be relevant or material to the investigation, and shall establish the relevance and materiality in writing. Notwithstanding any other provision of law, documents or other tangible things provided to the division during the course of an investigation under this subsection (5) are not subject to inspection or copying under the "Colorado Open Records Act", part 2 of article 72 of title 24. Notwithstanding any other provision of law, documents or other tangible things provided to the division during the course of an investigation under this subsection (5) and other materials prepared or assembled to assist the secretary's designee in reaching a decision are work product as defined in section 24-72-202 (6.5)(a) and are not public records subject to inspection under part 2 of article 72 of title 24.

(III) If the division receives a person's membership list or donor list during the course of the division's initial review under subsection (3) of this section, investigation under this subsection (5), or the cure process, including the determination of substantial compliance, as described in subsection (4) of this section, the division shall not disclose such list or the identity of any member or donor to any person. Notwithstanding any other provision of law, any such membership or donor list is not a public record subject to inspection, copying, or any other form of reproduction under part 2 of article 72 of title 24.

(IV) The division shall determine whether it will file a complaint with a hearing officer within thirty days after initiating an investigation. If the division makes a determination that a complaint should not be filed with a hearing officer because there is not sufficient information to support the allegations contained in the complaint or for any other reason, it shall prepare and file with the deputy secretary a motion to dismiss the complaint. The deputy secretary shall make a determination on the motion to dismiss within thirty-five days of the initial determination of the division under this subsection (5)(a)(IV), or the initiation of an investigation by the division under subsection (7)(b) of this section, which must be provided to the complainant and the respondent by e-mail or by regular mail if e-mail is unavailable. If the deputy secretary denies the motion, the division has fourteen business days to file a complaint with a hearing officer under this subsection (5).

(V) If the division files a complaint with a hearing officer under this subsection (5), it is responsible for conducting such discovery as may be necessary for effectively prosecuting the complaint, supplementing or amending the complaint with such additional or alternative claims or allegations as may be supported by the division's investigation, amending the complaint to strike allegations or claims that are not supported by the division's investigation, and in all other respects prosecuting the complaint.

(b) A complainant or any other nonrespondent is not a party to the division's initial review, cure proceedings, investigation, or any proceedings before a hearing officer as described in this section. A complainant may seek permission from the hearing officer to file a brief as an amicus curiae. A person's status as a complainant is not sufficient to establish that he or she may be affected or aggrieved by the secretary's action on the complaint. To the extent this subsection (5)(b) conflicts in any respect with section 24-4-105 or 24-4-106, this subsection (5)(b) controls. A complainant may also seek judicial review by a state district court of a final agency action under section 24-4-106.

(6) Conduct of hearings. (a) Any hearing conducted by a hearing officer under this section must be in accordance with section 24-4-105; except that a hearing officer shall schedule a hearing within thirty days of the filing of the complaint, which hearing may be continued upon the motion of any party for up to thirty days or a longer extension of time upon a showing of good cause.

(b) Any initial determination made by a hearing officer must be made in accordance with section 24-4-105 and is subject to review by the deputy secretary. The final agency decision is subject to review under section 24-4-106.

(7) Document review. (a) In addition to any other powers and duties it possesses under law, the division may also review any document the secretary receives for filing under article XXVIII, this article 45, or the rules.

(b) In connection with the review of other available information regarding a potential violation under this subsection (7):

(I) If the division determines that a person violated or potentially violated any of the provisions of article XXVIII, this article 45, or the rules, the division shall either notify the person of his or her opportunity to cure the identified deficiencies in accordance with subsection (4) of this section or notify the person that the division is initiating an investigation under subsection (5) of this section. The division shall send the notification by e-mail or by regular mail if e-mail is unavailable.

(II) If the division initiates an investigation or files a complaint with a hearing officer in connection with its review, the procedures described in subsections (5) and (6) of this section apply.

(c) As used in this subsection (7), "review" means the factual inspection of any document required to be filed with the secretary for campaign finance registration, reporting, or disclosure in order to assess the document's accuracy and completeness and the timeliness of the document's filing.

(8) Advisory opinions. (a) Any person seeking guidance on the application of article XXVIII, this article 45, or the rules may request that the secretary issue an advisory opinion regarding that person's specific activity.

(b) The secretary shall determine, at the secretary's discretion, whether to issue an advisory opinion under subsection (8)(a) of this section. In making this determination, the secretary shall consider factors including whether:

(I) The advisory opinion will terminate a controversy or remove one or more uncertainties as to the application of the law to the requestor's situation;

(II) The request involves a subject, question, or issue that concerns a formal or informal matter or investigation currently pending before the secretary or a court; and

(III) The request seeks a ruling on a moot or hypothetical question.

(c) A person may rely on an advisory opinion issued by the secretary as an affirmative defense to any complaint filed under this section.

(d) A refusal by the secretary to issue an advisory opinion does not constitute a final agency action that is subject to appeal.

(9) Debt collection. (a) The secretary may pursue collection of any outstanding debt resulting from a campaign finance penalty that the secretary deems collectible.

(b) Repealed.

(10) Municipal complaints. (a) A complaint alleging that a violation of article XXVIII of the state constitution, this article 45, or the rules has occurred in connection with a municipal campaign finance matter must be filed with the clerk of the applicable municipality. Unless otherwise provided by local law, a complainant must file the complaint in writing, sign the complaint, and identify one or more respondents. The complaint shall be filed and processed in accordance with local law unless referred to the secretary as specified in subsection (10)(c)(I) or (10)(c)(II) of this section.

(b) The clerk shall conduct an initial review of a campaign finance complaint within ten business days of receiving the complaint or within the time specified in local law to determine whether the complaint satisfies the requirements of subsection (10)(a) of this section or the requirements of local law, as applicable. If, after initially reviewing a complaint pursuant to this subsection (10)(b), the clerk determines that a complaint does not satisfy the requirements of subsection (10)(a) of this section, the clerk shall dismiss the complaint.

(c) (I) If, after initially reviewing a campaign finance complaint pursuant to subsection (10)(b) of this section, the clerk determines that the complaint satisfies the requirements of subsection (10)(a) of this section and local law, as applicable, but presents an actual or potential conflict for the clerk or the clerk's staff, the clerk shall refer the complaint to the secretary, in a form and manner determined by the secretary, within fourteen business days of receiving the complaint if the municipality has adopted an ordinance that authorizes the municipality to refer a campaign finance complaint to the secretary based on an actual or potential conflict of the clerk or the clerk's staff, as determined in writing by the clerk.

(II) If the clerk of a statutory municipality that does not have a campaign finance complaint and hearing process determines, after initially reviewing a campaign finance complaint pursuant to subsection (10)(b) of this section, that a complaint satisfies the requirements of subsection (10)(a) of this section, the clerk shall refer the complaint to the secretary, in a form and manner determined by the secretary, within fourteen business days of receiving the complaint if the municipality has adopted an ordinance that authorizes the municipality to refer a campaign finance complaint to the secretary because the municipality does not have a campaign finance complaint and hearing process.

(d) To refer a campaign finance complaint to the secretary pursuant to this subsection (10), a municipality must have an ordinance that authorizes the municipality to refer such a complaint to the secretary and must provide a copy of the ordinance to the secretary. A municipality is not authorized to refer a campaign finance complaint to the secretary pursuant to this subsection (10) for an election that is fewer than one hundred eighty days after the ordinance is provided to the secretary. A municipal ordinance that authorizes the municipality to refer a campaign finance complaint to the secretary must:

(I) Authorize the secretary to use the provisions of subsections (3) to (7) of this section to process, investigate, and resolve the campaign finance complaint; except that the determination of whether the complaint was timely filed pursuant to subsection (3)(a)(I) of this section shall consider the time for filing a complaint under local law;

(II) Permit the filing of a campaign finance complaint no more than one hundred eighty days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation;

(III) Require the filing of a campaign finance complaint to be in writing and signed by the complainant on a form provided by the secretary, including identification of one or more respondents and including the information required to be provided on the form;

(IV) Direct the municipality to cooperate with the secretary in the processing and investigation of the campaign finance complaint; and

(V) Disclaim any interest of the municipality in fines collected in connection with a referred campaign finance complaint.

(e) Upon dismissing a complaint or referring a complaint to the secretary pursuant to this section, the clerk shall notify the complainant of the clerk's action by e-mail or by regular mail if e-mail is unavailable.

(f) A municipality must cooperate with the secretary in the review, investigation, and determination of any campaign finance complaint referred to the secretary pursuant to this section.

(g) If the secretary receives a campaign finance complaint referred by a clerk pursuant to subsection (10)(c)(I) or (10)(c)(II) of this section, the secretary shall deem the complaint filed pursuant to subsection (2) of this section on the date of receipt from the clerk, and the secretary shall ensure that the complaint is addressed in accordance with the requirements of this section. The determination that a conflict exists is not reviewable by the secretary.

(h) The secretary shall apply the substantive provisions of a home rule municipality's local law in processing, investigating, and resolving a campaign finance complaint referred to the secretary pursuant to this section.

(i) All fines collected in connection with a referred campaign finance complaint are payable to the secretary.

(j) The adoption of a local law authorizing the referral of a campaign finance complaint to the secretary pursuant to this section is not a waiver of the application of any provisions of article XX or XXVIII of the state constitution or section 1-45-116. Nothing in this subsection (10) requires a municipality to repeal an ordinance or resolution establishing a campaign finance complaint and hearing process.

(k) As used in this subsection (10):

(I) "Clerk" means the clerk of a municipality or the person or entity designated to review campaign finance complaints under a local law.

(II) "Conflict" means the actual or reasonably perceived inability to process a campaign finance complaint or impose a remedy in a fair and impartial manner, including an actual or reasonably perceived bias or other factors that may impact the independence of the decision-maker regarding the complainant or a candidate.

(III) "Local law" means a municipal charter, ordinance, or resolution that address the matters covered by article XXVIII of the state constitution and this article 45.
C.R.S. § 1-4-305 — CO Code / Title 1 / Article 4 / Part 3 / Section 1-4-305
1-4-305. Compensation
Status: in_force

1-4-305. Compensation. Every presidential elector of this state who attends and votes for those officers at the time and place appointed by law is entitled to receive the sum of five dollars per day for each day's attendance at the election and fifteen cents per mile for each mile traveled in going to and returning from the place where the electors meet, by the most usual route traveled, to be paid out of the general fund. The controller shall audit the amount and draw a warrant for the same.
C.R.S. § 1-5-202 — CO Code / Title 1 / Article 5 / Part 2 / Section 1-5-202
1-5-202. Notice of presidential primary and primary election by secretary of state and co
Status: repealed

1-5-202. Notice of presidential primary and primary election by secretary of state and county clerk and recorder. (Repealed)
C.R.S. § 1-5-102.9 — CO Code / Title 1 / Article 5 / Part 1 / Section 1-5-102.9
1-5-102.9. Voter service and polling centers - number required - services provided - drop-o
Status: repealed

1-5-102.9. Voter service and polling centers - number required - services provided - drop-off locations - definition. (1) (a) For general elections, each county clerk and recorder shall designate a minimum number of voter service and polling centers, as follows:

(I) For counties with at least two hundred fifty thousand active electors:

(A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors;

(B) During the period from the fourth day before the election to the second day before the election, at least one voter service and polling center for each twenty thousand active electors; and

(C) On the day before the election and on election day, at least one voter service and polling center for each twelve thousand five hundred active electors.

(II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors:

(A) During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; except that there must be at least one voter service and polling center in each such county;

(B) During the period from the fourth day before the election to the day before the election, at least one voter service and polling center for each twenty thousand active electors; and

(C) On election day, at least one voter service and polling center for each twelve thousand five hundred active electors.

(III) Except as otherwise provided in subsection (1)(a)(V) of this section, for counties with at least ten thousand but fewer than thirty-seven thousand five hundred active electors:

(A) During the period from the fifteenth day before the election to the day before the election, at least one voter service and polling center; and

(B) On election day, at least three voter service and polling centers.

(IV) For counties with fewer than ten thousand active electors, during the fifteen-day period prior to and including the day of the election, at least one voter service and polling center.

(V) The secretary of state shall develop and administer a pilot program for elections conducted on or after July 1, 2024, but before January 1, 2027, that allows the county clerk and recorder or designated election official of a county that has at least ten thousand but fewer than thirty-seven thousand five hundred active electors, that has at least three municipalities, and in which the second and third largest municipalities that are located entirely within the county both have less than three percent of the active electors in the county, to request a waiver of the requirement to designate a minimum of three voter service and polling centers on election day pursuant to subsection (1)(a)(III) of this section. If the secretary of state allows a waiver pursuant to this subsection (1)(a)(V), the county that requested the waiver is required to designate a minimum of two voter service and polling centers on election day. The secretary of state may allow a waiver pursuant to this subsection (1)(a)(V) to only one county during the pilot program.

(b) (I) For the purposes of subsections (1)(a) and (5) of this section, the number of active electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.

(II) Repealed.

(b.5) (I) For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of an institution of higher education, as defined in section 23-3.1-102 (5), located within the county as follows:

(A) During the period from the fifteenth day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students; and

(B) On the day before the election and on election day, one voter service and polling center on each campus that has two thousand or more enrolled students.

(II) In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter service and polling center designated in accordance with this subsection (1)(b.5) may count toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (1)(b.5) must be in addition to the minimum requirements of subsection (1)(a) of this section.

(III) A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus.

(IV) A voter service and polling center designated under this subsection (1)(b.5) on a campus that has twenty thousand or more enrolled students on January 1 of the year of the election must be located within the student center unless such placement creates an undue burden for the institution of higher education.

(V) (A) As used in this subsection (1)(b.5), the number of enrolled students at a campus is the highest number of all full-time, part-time, graduate, and undergraduate students, not including students solely registered for online courses and concurrent enrollment students, during the fall semester of the year of the previous general election according to data collected by the department of higher education. The department of higher education shall provide the data to the secretary of state on or before December 1 of each general election year. The secretary of state shall determine from the data which campuses meet the enrollment thresholds for the next general election.

(B) Repealed.

(VI) As used in this subsection (1)(b.5), "campus" means any collection of buildings and surrounding grounds owned or used by a state institution of higher education to regularly provide students with education, housing, or college activities. If one or more state institutions of higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).

(b.7) For a general election, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county clerk and recorder shall designate a voter service and polling center within the boundaries of the reservation. The tribal council may request either two or four days of in-person voting at a voter service and polling center within the boundaries of the reservation. Two days of in-person voting include the day before election day and election day. Four days of in-person voting include the day before election day, election day, and the Friday and Saturday prior to election day. A request under this subsection (1)(b.7) must be made no later than one hundred eighty days before the date of the election.

(c) (I) In designating voter service and polling center locations pursuant to this subsection (1), each county clerk and recorder shall consider the following factors to address the needs of the county:

(A) Proximity to public transportation lines and availability of parking;

(B) Geographic features, such as mountain passes, that tend to affect access and convenience;

(C) Equitable distribution across the county so as to afford maximally convenient options for electors;

(D) The existence and location of population centers;

(E) Access for persons with disabilities;

(F) Use of existing voting locations that typically serve a significant number of electors;

(G) Use of public buildings that are known to electors in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations;

(H) When private locations are considered or designated as voter service and polling centers in accordance with section 1-5-105 (3), methods and standards to ensure the security of voting conducted at such locations;

(I) Proximity to historically under-represented communities;

(J) If a proposed location was used in a previous election, the number of electors that used the location in the previous election and the recorded wait times at the location, or the number of electors and recorded wait times at nearby locations; and

(K) The need to place voter service and polling centers in population centers that had lower voter turnout in previous elections.

(I.5) A county clerk and recorder who requests the use of a public building that receives funding from government sources to designate as a voter service and polling center or drop box site shall be given priority over other uses of the building. The appropriate authority for the building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental rate for the building.

(II) In designating voter service and polling centers, a county clerk and recorder shall solicit public comments. The county clerk and recorder shall post a notice seeking public comment no later than two hundred fifty days before the election and shall accept comments through the one hundred ninetieth day before the election.

(III) (A) A county clerk and recorder shall not designate a police station, sheriff's office, or town marshal's office as a voter service and polling center; except that a county clerk and recorder may designate as a voter service and polling center a multipurpose building that includes a police station, sheriff's office, or town marshal's office.

(B) A county clerk and recorder may apply to the secretary of state for a waiver of the requirements of subsection (1)(c)(III)(A) of this section. If the secretary of state finds that there is not another equivalent site for a voter service and polling center nearby, the secretary of state shall grant the waiver.

(d) Each county clerk and recorder shall submit the proposed voter service and polling center locations to the secretary of state as part of the election plan.

(e) A county clerk and recorder may designate a greater number of voter service and polling centers than the minimum required by this section.

(f) In addition to other drop box locations in the county, a county clerk and recorder may establish a drop box at places of worship in the county.

(2) Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows:

(a) In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section:

(I) During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open continuously at least from 8 a.m. to 5 p.m.; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period.

(II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.

(b) In all other counties:

(I) During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open during the normal business hours for the county; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period, and must be open for at least four hours continuously on the second Saturday of this period.

(II) On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.

(3) Each voter service and polling center must provide:

(a) The ability for an eligible elector to register to vote pursuant to section 1-2-217.7;

(b) The ability for an eligible elector to cast a ballot;

(c) The ability for an eligible elector to update his or her address pursuant to section 1-2-217.7;

(d) The ability for an eligible elector who has legally changed his or her name to have his or her name changed pursuant to section 1-2-218;

(e) The ability for an unaffiliated registered elector to affiliate with a political party and cast a ballot in a primary election;

(f) Secure computer access;

(g) Facilities and equipment that are compliant with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;

(h) Direct record electronic voting machines or other voting systems accessible to electors with disabilities as provided in part 7 of article 5 of this title;

(i) Voting booths;

(j) Original and replacement ballots for distribution;

(k) Mail ballots to requesting electors, including a sufficient supply of replacement ballots or the ability to print a sufficient number of ballots on demand to provide to registered electors in the event there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301;

(l) The ability to accept mail ballots that are deposited by electors;

(m) The ability of a person to cast a provisional ballot; and

(n) The ability of a person to obtain and return a form pursuant to section 1-7.5-107.3 (2)(a) confirming the person returned a ballot or to provide a copy of identification or a signature in accordance with section 1-2-502.5 (4)(c), 1-7.5-107 (3.5)(d), or 1-7.5-107.3 (1.5), in order to cure a ballot the person previously cast.

(3.5) If an elector desires to vote by casting a ballot at a voter service and polling center but there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301 at the voter service and polling center, the elector shall be allowed to obtain and cast a replacement mail ballot if the elector's registration can be verified by contacting the county clerk and recorder by telephone or electronic mail, if practical, or by other means. If the elector's eligibility cannot be verified by a voter service and polling center election judge, the elector is entitled to cast a provisional ballot in accordance with article 8.5 of this title 1.

(4) Repealed.

(5) (a) In addition to providing voter service and polling centers in accordance with this section, counties shall also establish drop boxes for the purpose of allowing electors to deposit their completed mail ballots in a general election as follows:

(I) For counties with at least two hundred fifty thousand active electors, at least one drop box for each twelve thousand five hundred active electors.

(II) For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least one drop box for each fifteen thousand active electors.

(III) For counties with at least fifteen thousand but fewer than thirty-seven thousand five hundred active electors, at least two drop boxes.

(IV) For counties with fewer than fifteen thousand active electors, at least one drop box.

(b) For a general election, in addition to the requirements of subsection (5)(a) of this section, a county shall establish a drop box on each campus of an institution of higher education, as defined in section 23-3.1-102 (5), located within the county that has one thousand or more enrolled students as determined in accordance with subsection (1)(b.5)(III) of this section.

(c) Each drop box must accept mail ballots delivered by electors for the fifteen-day period prior to and including the day of the election.

(d) (I) The placement and security of each drop box must be determined by each county, subject to the requirements of subsection (5)(d)(II) of this section and in accordance with the secretary of state's current security rules. Counties are encouraged to establish drop boxes in community-based locations.

(II) A county clerk and recorder shall not establish a drop box at a police station, sheriff's office, or town marshal's office; except that:

(A) A county clerk and recorder may establish a drop box in a multipurpose building that includes either the county clerk and recorder's office or the municipal clerk's office and also includes a police station, sheriff's office, or town marshal's office; and

(B) The requirements of this subsection (5)(d)(II) do not apply to a drop box that was established on or before June 21, 2021.

(e) For a general election, in addition to the requirements of subsection (5)(a) of this section, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county shall establish a drop-off location within the boundaries of the reservation. The drop-off location must accept ballots for the fifteen-day period prior to and including the day of the election.

(f) A county may establish additional drop-off locations at the county's discretion. A drop-off location must be located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder's staff.

(6) Repealed.
C.R.S. § 1-5-902 — CO Code / Title 1 / Article 5 / Part 9 / Section 1-5-902
1-5-902. Legislative declaration - intent
Status: in_force

1-5-902. Legislative declaration - intent. (1) The general assembly hereby finds and declares that:

(a) Congress enacted the language minority provisions of the federal "Voting Rights Act of 1965" because "through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process...";

(b) Today, the formula in section 203 of the "Voting Rights Act of 1965" requires only the Colorado counties of Conejos, Costilla, Denver, and Saguache to provide election materials in both English and Spanish and requires one other Colorado county to provide information in Ute;

(c) Based on the 2017 five-year estimates specified in the United States bureau of the census American community survey, there are one hundred three thousand one hundred forty-six eligible electors in Colorado who speak English "less than very well". An estimated eighty-two thousand ninety-six of those eligible electors live in counties where ballots and other election materials are not available in languages other than English.

(d) Further compounding the problem of ballot access for minority language speakers is the reading level at which Colorado's ballots are written. For many minority language speakers the ballot is simply incomprehensible even if they speak and read some English.

(e) Section 203 of the "Voting Rights Act of 1965" covers a jurisdiction when the number of United States citizens of voting age in that jurisdiction has a single language group that:

(I) Is more than ten thousand people of voting age, is more than five percent of all voting-age citizens, or is on an American Indian reservation and exceeds five percent of all reservation residents; and

(II) The illiteracy rate of the group is higher than the national illiteracy rate;

(f) Colorado does not currently expand minority language ballot access beyond federal requirements; and

(g) Colorado has an opportunity to make the ballot accessible to more eligible electors and provide them with meaningful access to a ballot that they are able to read, understand, and vote.

(2) The general assembly further finds and declares that the intent of this part 9 is to:

(a) Provide ballot access to electors throughout the state while balancing the reality of limited state and county resources; and

(b) Expand minority language ballot access without changing or reducing the state's existing responsibilities pursuant to section 203 of the "Voting Rights Act of 1965".
C.R.S. § 1-13.5-103 — CO Code / Title 1 / Article 13.5 / Part 1 / Section 1-13.5-103
1-13.5-103. Definitions
Status: in_force

1-13.5-103. Definitions. As used in this article 13.5, unless the context otherwise requires:

(1) "Absentee voter" means an eligible elector who requests in writing that the designated election official mail a ballot to either the elector's deliverable mailing address or to another address designated by the elector for the purpose of voting by mail.

(1.5) "Affidavit" means a sworn statement in writing, including a self-affirmation.

(2) "Designated election official" means the person designated by the governing body of a local government or by court order to supervise election duties.

(3) "Electronic voting system" means a system in which an elector votes using a device by which votes are recorded electronically, including a touchscreen system.

(4) "Eligible elector" means a person who meets the specific requirements for voting at a specific election conducted under this article or for a specific candidate, ballot question, or ballot issue.

(5) "Issue committee" has the meaning set forth in section 1-45-103.

(6) "Local government" means any district, business improvement district, special district created pursuant to title 32, C.R.S., authority, or political subdivision of the state, authorized by law to conduct an election. "Local government" does not include a county, school district, regional transportation district, or municipality as defined in section 31-1-101 (6), C.R.S.

(7) "Pollbook" means the list of eligible electors who are permitted to vote at a polling place or by mail ballot at an election conducted pursuant to this article.

(8) "Polling place" means a place established for holding elections conducted under this article.

(9) "Property owners list" means the list of property owner names and addresses prepared by the county assessor in accordance with section 1-13.5-204 or 1-13.5-1105 (2)(a) and (2)(b).

(10) "Registration list" means the list of registered electors of each local government, as prepared by the county clerk and recorder for the county in which the local government is located or as obtained through state registration records in accordance with section 1-13.5-203.

(11) "Special district" means any public entity, as defined in section 24-10-103, C.R.S., that is authorized by law to hold an election; except that the term does not include a county, a municipality as defined in section 31-1-101, C.R.S., or a school district as defined in section 22-30-103, C.R.S.

(12) "Voter" means an eligible elector who voted in the most recent election conducted pursuant to this article.

(13) "Voting machine" means any device fulfilling the requirements for voting machines set forth in part 4 of article 7 of this title regarding its use, construction, procurement, and trial.

(14) "Watcher" means a registered elector of the local government whose name is submitted to the designated election official and certified by the designated election official to the appropriate election judges pursuant to section 1-13.5-602.
C.R.S. § 1-8.3-109 — CO Code / Title 1 / Article 8.3 / Section 1-8.3-109
1-8.3-109. Timeliness of application for ballot
Status: in_force

1-8.3-109. Timeliness of application for ballot. If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election.
C.R.S. § 1-4-802 — CO Code / Title 1 / Article 4 / Part 8 / Section 1-4-802
1-4-802. Petitions for nominating minor political party and unaffiliated candidates for a
Status: in_force

1-4-802. Petitions for nominating minor political party and unaffiliated candidates for a partisan office. (1) Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a major political party may be nominated, other than by a primary election or a convention, in the following manner:

(a) A petition for nominating minor political party or unaffiliated candidates shall be prepared, indicating the name and address of any candidate for the office to be filled. The petition shall indicate the name of the minor political party or designate in not more than three words the political or other name selected by the signers to identify an unaffiliated candidate. No name of any political party shall be used, in whole or in part, to identify an unaffiliated candidate.

(b) Each petition must contain only the name of one candidate for one office; except that any petition for a candidate for president of the United States must also include a candidate for vice president, and a candidate for governor must also include a candidate for lieutenant governor, and together they shall be considered joint candidates at the general election. In the case of nominations for president and vice president of the United States, the joint candidates shall submit a list of presidential electors endorsed by the electors, and the names of the presidential electors must be added to the petition.

(c) Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, for district attorney, and for county office must be signed by eligible electors residing within the district or political subdivision in which the officer is to be elected. Except as otherwise provided in subsection (2) of this section, the number of signatures of eligible electors on a petition is as follows:

(I) At least one thousand five hundred in each congressional district for the office of president and vice president;

(II) (A) At least one thousand in each congressional district for the offices of governor, secretary of state, attorney general, or treasurer, or the office of United States senator;

(B) At least five hundred in each congressional district for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado;

(III) The lesser of one thousand five hundred or two and one-half percent of the votes cast in the congressional district in the most recent general election for the office of member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district;

(IV) The lesser of one thousand or three and one-third percent of the votes cast in the senate district in the most recent general election for the office of member of the state senate;

(V) The lesser of one thousand or five percent of votes cast in the house district in the most recent general election for the office of member of the state house of representatives;

(VI) The lesser of one thousand or three percent of the votes cast in the district in the most recent general election for the office of district attorney; and

(VII) The lesser of one thousand or two percent of the votes cast for all candidates for that office in the most recent general election for any county office.

(d) (I) No petition to nominate an unaffiliated candidate, except petitions for candidates for vacancies to unexpired terms of representatives in congress, shall be circulated or any signatures obtained thereon earlier than one hundred seventy-three days before the general election.

(II) [Editor's note: This version of subsection (1)(d)(II) is effective until January 1, 2025.] No petition to nominate a minor political party candidate shall be circulated nor any signatures obtained thereon earlier than the first Monday in February in the general election year.

(II) [Editor's note: This version of subsection (1)(d)(II) is effective January 1, 2025.] No petition to nominate a minor political party candidate shall be circulated nor any signatures obtained thereon earlier than the first business day in January in the general election year.

(e) The petition to nominate an unaffiliated candidate may designate or appoint upon its face one or more unaffiliated registered electors as a committee to fill vacancies in accordance with section 1-4-1008. However, in the case of a petition for the office of state senator or state representative, the petition shall designate or appoint upon its face three or more unaffiliated registered electors as a committee to fill vacancies in accordance with sections 1-4-1008 and 1-12-203.

(f) (I) Except as provided in subsection (1)(f)(II) of this section, petitions must be filed no later than 5 p.m. on the one hundred seventeenth day before the general election or, for a congressional vacancy election, no later than 5 p.m. on the twentieth day after the date of the order issued by the governor.

(II) [Editor's note: This version of subsection (1)(f)(II) is effective until January 1, 2025.] Petitions to nominate candidates of minor political parties must be filed no later than the close of business on the eighty-fifth day before the primary election as specified in section 1-4-101.

(II) [Editor's note: This version of subsection (1)(f)(II) is effective January 1, 2025.] Petitions to nominate candidates of minor political parties must be filed no later than 5 p.m. on the third Tuesday in March or on the seventy-fifth day after the first business day in January, whichever is later.

(g) (I) For congressional vacancy elections, no person shall be placed in nomination by petition unless the person is an eligible elector and was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, for at least twelve months prior to the last date the petition may be filed.

(II) For general elections, no person shall be placed in nomination by petition unless the person is an eligible elector of the political subdivision or district in which the officer is to be elected and unless the person was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person desires to be placed in nomination; except that, if such nomination is for a nonpartisan election, the person shall be an eligible elector of the political subdivision or district and be a registered elector, as shown in the statewide voter registration system, on the date of the earliest signature on the petition. This section does not apply to candidates seeking the office of president of the United States.

(2) Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two general elections immediately following an election at which the voters have approved a change in the membership of the board, the signature requirements for the petition to select candidates who do not wish to affiliate with a major political party are as follows:

(a) Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to the lesser of either seven hundred fifty signers or two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election;

(b) Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, every petition must require signers equal in number to the lesser of either:

(I) Seven hundred fifty signers; or

(II) The number realized by first determining two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election, and then dividing that number by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in a district, whether three or five.

(3) Following the first two general elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S., the signature requirements for a petition for a county commissioner candidate who does not wish to affiliate with a major political party must follow the procedures specified in subparagraph (VI) of paragraph (c) of subsection (1) of this section.
C.R.S. § 1-2-502.7 — CO Code / Title 1 / Article 2 / Part 5 / Section 1-2-502.7
1-2-502.7. Voter registration agencies - reports - transfer of records for voter registrati
Status: in_force

1-2-502.7. Voter registration agencies - reports - transfer of records for voter registration. (1) Each state agency that oversees one or more offices designated as voter registration agencies in section 1-2-504 (1)(a) and (1)(b) shall annually provide to the secretary of state a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.

(2) Each office designated under subsection (1) of this section shall report to the secretary of state each month the number of people who applied for public assistance or who applied to participate in state-funded programs, the number of voter registration choice forms the office collected, and the number of people who received a voter registration form.

(3) At the earliest practicable time, the office of information technology created in section 24-37.5-103 shall assess which voter registration agencies, as defined in section 1-2-504 (1)(a) and (1)(b), collect sufficient information from applicants for voter registration purposes, and shall report its findings to the secretary of state. Upon a determination by the office of information technology and the secretary of state that a voter registration agency collects the necessary information to register an eligible elector, the office of information technology and the secretary of state shall establish a schedule by which the voter registration agency shall begin providing electronic records regarding eligible electors to the secretary of state. The secretary of state and each county clerk and recorder shall process electronic records received from voter registration agencies under this subsection (3) substantially in accordance with section 1-2-502.5.
C.R.S. § 1-11-217 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-217
1-11-217. Costs of election contest
Status: in_force

1-11-217. Costs of election contest. (1) A judgment against the contestor pursuant to the provisions of sections 1-11-211 and 1-11-212, concerning election of a candidate or determination of a ballot question, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorney fees.

(2) A judgment against the contestor pursuant to the provisions of sections 1-11-211 and 1-11-212, concerning the determination of a ballot issue, or pursuant to section 1-11-212.5, concerning the determination of a ballot issue that includes approval of the creation of any debt or other financial obligation, shall provide that the contestor is liable for all fees incurred in the contested election by all contestees, including reasonable costs and attorneys fees, but a judgment for costs and fees shall be awarded in favor of the state or a political subdivision only if the suit is ruled frivolous, as provided in article 17 of title 13, C.R.S.
C.R.S. § 1-10.5-107 — CO Code / Title 1 / Article 10.5 / Section 1-10.5-107
1-10.5-107. Canvass board to conduct recount
Status: in_force

1-10.5-107. Canvass board to conduct recount. (1) Any county clerk and recorder or governing body required to conduct a recount shall arrange to have the recount made by the canvass board who officiated in certifying the official abstract of votes cast. If any member of the canvass board cannot participate in the recount, another person shall be appointed in the manner provided by law for appointment of the members of the original board.

(2) Any canvass board making a recount under the provisions of this section may employ assistants and clerks as necessary for the conduct of the recount.

(3) The canvass board may require the production of any documentary evidence regarding any vote cast or counted and may correct the abstract of votes cast in accordance with its findings based on the evidence presented.

(4) At the conclusion of the recount, the canvass board shall make the returns of all partisan, nonpartisan, ballot issue, and ballot question elections to the designated election official and provide a copy to the persons or groups requesting the recount or notified of the recount pursuant to sections 1-10.5-105 and 1-10.5-106. The canvass board shall meet and issue an amended abstract of votes cast for the office, ballot issue, or ballot question that is the subject of the recount and deliver it to the designated election official.

(5) The designated election official shall notify the governing body of the results of the recount.
C.R.S. § 1-13.5-510 — CO Code / Title 1 / Article 13.5 / Part 5 / Section 1-13.5-510
1-13.5-510. Court-ordered elections
Status: in_force

1-13.5-510. Court-ordered elections. (1) When an election is ordered by the court for a special district, the court shall authorize the designated election official to give notice, and take such other actions, as provided in the order.

(2) For an organizational election, the notice by publication must include the purposes of the election, the estimated operating and debt service mill levies and fiscal year spending for the first year following organization, and the boundaries of the special district. The notice by publication must recite the election date, which shall be not less than twenty days after publication of the election notice.

(3) For a dissolution election, the notice by publication must include the plan for dissolution or a summary of the plan and the place where a member of the public may inspect or obtain a copy of the complete plan. The notice by publication must recite the election date, which must be not less than twenty days after publication of the election notice.
C.R.S. § 1-12-209 — CO Code / Title 1 / Article 12 / Part 2 / Section 1-12-209
1-12-209. Terms of persons filling vacancies
Status: in_force

1-12-209. Terms of persons filling vacancies. Except for appointments on nonpartisan boards, any officers elected or appointed to fill vacancies as provided in this article shall qualify and enter upon the duties of their offices immediately thereafter. If elected or appointed, the officers shall hold the office during the unexpired term for which they were elected and until their successors are elected, qualified, and take office on the second Tuesday of January, except as otherwise provided by law, in accordance with section 1-1-201.
C.R.S. § 1-13.5-302 — CO Code / Title 1 / Article 13.5 / Part 3 / Section 1-13.5-302
1-13.5-302. Nomination of local government candidates
Status: in_force

1-13.5-302. Nomination of local government candidates. (1) Except as provided in section 1-13.5-303 or other applicable law, candidates for office of nonpartisan local governments must be nominated, without regard to affiliation, by petition on forms supplied by the designated election official. A petition of nomination may consist of one or more sheets, but it must contain the name and address of only one candidate and indicate the office to which the candidate is seeking election. The candidate's name must be printed on each sheet of a petition of nomination.

(2) Nomination petitions for a candidate in a local government, other than a special district or business improvement district, may be circulated and signed, beginning on January 1 of the year in which election for that office is conducted and ending on the sixty-seventh day prior to the day of election, by at least two eligible electors residing within or eligible to vote in the local government.

(3) The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that the signer is an eligible elector of the local government for which the nomination is made.

(4) A petition is not valid if it does not contain the requisite number of signatures of eligible electors. The designated election official shall inspect timely filed petitions of nomination to ensure compliance with this section.

(5) Each nomination petition must be filed with the designated election official no later than the sixty-seventh day prior to the day of election. Every petition must have endorsed on it or appended to it the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements set forth in law to be a candidate and hold office in the local government.

(6) The designated election official shall preserve all nomination petitions filed with him or her for a period of two years. All such petitions are open to public inspection under proper regulation by the designated election official with whom they are filed.
C.R.S. § 1-13.5-701 — CO Code / Title 1 / Article 13.5 / Part 7 / Section 1-13.5-701
1-13.5-701. Use of voting machines
Status: in_force

1-13.5-701. Use of voting machines. Voting machines may be used in any local government election if the governing body, by resolution, authorizes their use.
C.R.S. § 1-45-107.5 — CO Code / Title 1 / Article 45 / Section 1-45-107.5
1-45-107.5. Independent expenditures - restrictions on foreign corporations - registration -
Status: repealed

1-45-107.5. Independent expenditures - restrictions on foreign corporations - registration - disclosure - disclaimer requirements - definitions. (1) Notwithstanding any other provision of law, no natural person who is not a citizen of the United States, foreign government, or foreign corporation may expend money on an independent expenditure in connection with an election of a candidate in the state, and no independent expenditure committee may knowingly accept a donation from any natural person who is not a citizen of the United States, any foreign government, or any foreign corporation.

(2) In accordance with the decision of the supreme court of Colorado in the case of In re Interrogatories Propounded by Governor Bill Ritter, Jr., Concerning the Effect of Citizens United v. Federal Election Comm'n, 558 U.S. ___ (2010), on Certain Provisions of Article XXVIII of the Constitution of the State of Colorado, 227 P.3d 892 (Colo. 2010), notwithstanding sections 3 (4)(a) and 6 (2) of article XXVIII of the state constitution, corporations and labor organizations shall not be prohibited from making independent expenditures. All such expenditures shall be disclosed in accordance with the requirements of this article and article XXVIII of the state constitution. For purposes of this article and article XXVIII of the state constitution, any use of the word "person" shall be construed to include, without limitation, any corporation or labor organization.

(3) (a) Any person that accepts a donation that is given for the purpose of making an independent expenditure in excess of one thousand dollars or that makes an independent expenditure in excess of one thousand dollars shall register with the appropriate officer within two business days of the date on which an aggregate amount of donations accepted or expenditures made reaches or exceeds one thousand dollars.

(b) The registration required by paragraph (a) of this subsection (3) shall include a statement listing:

(I) The person's full name, spelling out any acronyms used therein;

(II) A natural person authorized to act as a registered agent;

(III) A street address and telephone number for the principal place of operations; and

(IV) The aggregate ownership interest in the person held by foreign persons calculated as of the time the person registers with the appropriate officer under paragraph (a) of this subsection (3).

(c) If the person identified in subparagraph (I) of paragraph (b) of this subsection (3) is a corporation, a subsidiary may register on behalf of its parent corporation or for other subsidiaries of the parent corporation, and the parent corporation may register on behalf of all of its subsidiaries. In each such case, the registered agent of the person registering shall serve as the registered agent for all such affiliated corporations. Registration of a subsidiary shall include the name of its parent corporation as well as any names under which the subsidiary does business.

(d) If the person identified in subparagraph (I) of paragraph (b) of this subsection (3) is a labor organization, a local labor organization may register on behalf of any affiliated local, national, or international labor organization that will be making independent expenditures, and a national or international labor organization may register on behalf of any affiliated local labor organization that will be making independent expenditures. In each such case, the registered agent of the labor organization that is registering shall serve as the registered agent for each affiliated local, national, or international labor organization.

(4) (a) In addition to any other applicable disclosure requirements specified in this article or in article XXVIII of the state constitution, any person making an independent expenditure in an aggregate amount in excess of one thousand dollars in any one calendar year shall report the following to the appropriate officer:

(I) The person's full name, or, if the person is a subsidiary of a parent corporation, the full name of the parent corporation, spelling out any acronyms used therein;

(II) All names under which the person does business in the state if such names are different from the name identified pursuant to subparagraph (I) of this paragraph (a);

(III) The address of the home office of the person, or, if the person is a subsidiary of a parent corporation, the home office of the parent corporation; and

(IV) The name and street address in the state of its registered agent.

(b) (I) Any person who expends an aggregate amount in excess of one thousand dollars or more per calendar year for the purpose of making an independent expenditure shall report to the appropriate officer, in accordance with the requirements of this section, the name and address of any person that, for the purpose of making an independent expenditure, donates more than two hundred fifty dollars per year to the person expending one thousand dollars or more on an independent expenditure.

(II) If the person making the donation of two hundred fifty dollars or more is a natural person, the disclosure required by subparagraph (I) of this paragraph (b) shall also include the donor's occupation and employer.

(III) If the person making the donation of two hundred fifty dollars or more is not a natural person, the disclosure required by this paragraph (b) shall also include:

(A) The donor's full name, or, if the donor is a subsidiary of a parent corporation, the full name of the parent corporation, spelling out any acronyms used therein;

(B) All names under which the donor does business in the state if such names are different from the name identified pursuant to subparagraph (I) of this paragraph (b);

(C) The address of the home office of the donor, or, if the donor is a subsidiary of a parent corporation, the home office of the parent corporation; and

(D) The name and street address in the state of the donor's registered agent.

(c) The information required to be disclosed pursuant to paragraph (a) of this subsection (4) must be reported in accordance with the schedule specified in section 1-45-108 (2) for political committees; except that any person making an independent expenditure in excess of one thousand dollars within thirty days before a primary, general, or regular biennial school election shall provide such report within forty-eight hours after obligating moneys for the independent expenditure.

(5) (a) In addition to any other applicable requirements provided by law, and subject to the provisions of this section, any communication that is broadcast, printed, mailed, delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed that constitutes an independent expenditure for which the person making the independent expenditure expends in excess of one thousand dollars on the communication shall include in the communication a statement that:

(I) The communication has been "paid for by (full name of the person paying for the communication)"; and

(II) Identifies a natural person who is the registered agent if the person identified in subsection (5)(a)(I) of this section is not a natural person.

(b) In the case of a broadcast or online video or audio communication, the statement required by subsection (5)(a) of this section shall satisfy all applicable requirements promulgated by the federal communications commission for size, duration, and placement.

(c) In the case of a nonbroadcast communication, including an online communication, the secretary of state shall, by rule, establish size and placement requirements for the disclaimer statement. If the size, format, or display requirements of the communication make it impracticable to include a disclaimer statement on the communication, the rules must require that the disclaimer statement be available by means of a direct link from the communication to the web page or application screen containing the statement.

(6) Any person that expends an aggregate amount in excess of one thousand dollars on an independent expenditure in any one calendar year shall deliver written notice to the appropriate officer that shall list with specificity the name of the candidate whom the independent expenditure is intended to support or oppose. Where the independent expenditure is made within thirty days before a primary, general, or regular biennial school election, the notice required by this subsection (6) must be delivered within forty-eight hours after the person obligates moneys for the independent expenditure.

(7) Any person that accepts any donation that is given for the purpose of making an independent expenditure or expends any moneys on an independent expenditure in an aggregate amount in excess of one thousand dollars in any one calendar year shall establish a separate account in a financial institution, and the title of the account shall indicate that it is used for such purposes. All such donations accepted by such person for the making of any such independent expenditures shall only be deposited into the account, and any moneys expended for the making of such independent expenditure shall only be withdrawn from the account. As long as the person uses a separate account for the purposes of this subsection (7), in any complaint relating to the use of the person's account, no discovery may be made of information relating to the identity of the person's members and general donors and any discovery is limited to the sources, amounts, and uses of donations deposited into and expenditures withdrawn from the account.

(8) Any person that expends moneys on an independent expenditure in excess of one thousand dollars, regardless of the medium of the communication produced by the expenditure, shall disclose to the secretary of state, in accordance with the schedule specified in section 1-45-108 (2) for political committees, any donation in excess of twenty dollars given in that reporting period for the purpose of making an independent expenditure.

(9) Repealed.

(10) Any earmarked donation given for the purpose of making an independent expenditure in excess of one thousand dollars shall be disclosed as a donation from both the original source of the donation and the person transferring the donation.

(11) On reports it files with the appropriate official, an independent expenditure committee that obligates in excess of one thousand dollars for an independent expenditure shall disclose a good faith estimate of the fair market value of the expenditure if the committee does not know the actual amount of the expenditure as of the date that a report is required to be filed with the appropriate official.

(12) All information required to be disclosed to the secretary of state under this section shall be posted on the website of the secretary within two business days after its receipt by the secretary.

(13) Notwithstanding any other provision of this section, any requirement contained in this section that is applicable to a corporation shall also be applicable to a labor organization.

(14) (a) Any covered organization that contributes, donates, or transfers ten thousand dollars or more to any person, earmarked for the purpose of making an independent expenditure or electioneering communication, during any one calendar year, shall provide to the recipient of the contribution, donation, or transfer an affirmation, in writing, that includes the information listed in subsection (14)(d) of this section. After reaching the ten thousand dollar threshold, the covered organization shall provide a new affirmation statement for each qualifying subsequent contribution, donation, or transfer during that calendar year.

(b) Any covered organization that transfers ten thousand dollars or more to any person, earmarked for the purpose of that person making a contribution, donation, or transfer to pay for an independent expenditure or electioneering communication, during any one calendar year, shall provide to the recipient of the transfer an affirmation, in writing, that includes the information listed in subsection (14)(d) of this section. After reaching the ten thousand dollar threshold, the covered organization shall provide a new affirmation statement for each qualifying subsequent transfer during that calendar year.

(c) A person shall not accept a contribution, donation, or transfer as described in subsection (14)(a) or (14)(b) of this section from a covered organization unless the covered organization provides a written affirmation to the recipient satisfying the requirements of subsection (14)(d) of this section. The recipient shall include the written affirmation when reporting the independent expenditure or electioneering communication to the appropriate filing officer and shall retain the written affirmation for not less than one year following the date of the end of the election cycle during which the affirmation was received.

(d) The affirmation required by this subsection (14) must include:

(I) The name of the covered organization and its principal place of business;

(II) The amount of the contribution, donation, or transfer and the name of the person who received the contribution, donation, or transfer;

(III) (A) If the covered organization is a for-profit corporation, each beneficial owner's name and current residence or business address and, if a listed beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity.

(B) For purposes of this subsection (14)(d)(III), "beneficial owner" means a corporation's officers, directors, and owners of more than five percent of the corporation.

(IV) (A) If the covered organization is not a for-profit corporation but is subject to disclosure under subsection (14)(a) or (14)(b) of this section, a list of any person who transferred five thousand dollars or more to the covered organization and who earmarked that transfer of funds for the purpose of making an independent expenditure or electioneering communication as determined by the earlier of either the preceding twelve-month period that ends on the date of the transmission of the independent expenditure or electioneering communication or that ends on the date of the transfer.

(B) A covered organization is not required to include a natural person's name if disclosure of that person would lead to a reasonable probability of harm, threats, harassment, or reprisals to the person or to individuals affiliated with that person.

(C) A covered organization may only redact a person's name from its report under subsection (14)(d)(IV)(B) of this section if the person has affirmed on a form provided by the secretary of state, under oath, that the person believes there is a reasonable probability that they will be subject to harm, threats, harassment, or reprisal if disclosed. The covered organization shall retain the affirmation for not less than one year and shall produce the affirmation to the secretary of state's office in response to a request for information related to any investigation of a campaign finance violation. The affirmation must remain confidential during the pendency of any investigation and complaint with a hearing officer under section 1-45-117.5. Following a final agency decision finding that the individual whose name was redacted does not meet the requirements of this subsection (14)(d)(IV)(C), including the applicable period for appeal, the affirmation is no longer confidential and is subject to public review.

(D) If the contribution, donation, or transfer under subsection (14)(a) or (14)(b) of this section is from another covered organization, the covered organization shall provide a list of persons who transferred to that covered organization consistent with subsections (14)(d)(IV)(B) and (14)(d)(IV)(C) of this section.

(V) A covered organization need not include a transfer made for a commercial transaction in the ordinary course of any trade or business conducting by the covered organization.

(VI) A certification by the chief executive officer or person who is the head of the covered organization stating that the contribution, donation, or transfer is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party.

(e) For purposes of this subsection (14), "covered organization" means a corporation, including an entity organized under section 501(c) or 527 of the internal revenue code, a labor organization, or an independent expenditure committee. It does not include a small donor committee, political party committee, or candidate committee.

(f) For purposes of this subsection (14), "transfer", "donate", or "contribute" does not include the provision of funds to a vendor or in payment of a contract for goods or services.
C.R.S. § 1-11-104 — CO Code / Title 1 / Article 11 / Part 1 / Section 1-11-104
1-11-104. Certificates of election for county officers
Status: in_force

1-11-104. Certificates of election for county officers. Except in the case of offices for which a recount is required, immediately after the final abstract of votes cast for county officers has been prepared and certified, the county clerk and recorder shall make a certificate of election, or a certificate of nomination in the case of a primary election, for each person declared to be elected or nominated to each office and shall deliver the certificates to that person.
C.R.S. § 1-8.3-102 — CO Code / Title 1 / Article 8.3 / Section 1-8.3-102
1-8.3-102. Definitions
Status: in_force

1-8.3-102. Definitions. In this article 8.3:

(1) "Ballot" means:

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) "Covered voter" means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state's voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

(3) "Dependent" means a spouse, civil union partner, or dependent of a covered voter described in subsection (2) of this section who is a resident of this state but who is absent from the state by reason of the active duty or service of the covered voter.

(4) "Federal postcard application" means the application prescribed under section 101 (b)(2) of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 (b)(2).

(5) "Federal write-in absentee ballot" means the ballot described in section 103 of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20303.

(6) "Overseas voter" means a United States citizen who is outside the United States.

(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(8) "Uniformed service" means:

(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States;

(b) The merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or

(c) The National Guard.

(9) "Uniformed-service voter" means an individual who is qualified to vote and is:

(a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States who is on active duty;

(b) A member of the merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States;

(c) A member on activated status of the National Guard; or

(d) A spouse, civil union partner, or dependent of a member referred to in this subsection (9).

(10) "United States", used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
C.R.S. § 1-4-301 — CO Code / Title 1 / Article 4 / Part 3 / Section 1-4-301
1-4-301. Time of holding presidential elections
Status: in_force

1-4-301. Time of holding presidential elections. At the general election in 1984 and every fourth year thereafter, the number of presidential electors to which the state is entitled shall be elected.
C.R.S. § 1-4-602 — CO Code / Title 1 / Article 4 / Part 6 / Section 1-4-602
1-4-602. Delegates to party assemblies - definition
Status: repealed

1-4-602. Delegates to party assemblies - definition. (1) (a) (I) Except as provided in subsection (1)(a)(IV) of this section, county assemblies must be held no later than twenty-one days after precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee's bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate must be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee's bylaws or rules.

(II) and (III) Repealed.

(IV) If allowed by the party's rules, a county assembly may be held on the same day as precinct caucuses on a date allowed pursuant to section 1-3-102 (1)(a)(I). The county central committee or executive committee shall notify the secretary of state and the clerk and recorder of each county of the decision on or before January 2 of the year in which the election will be held.

(b) In determining the number of delegates from precincts which have been created or split since the previous general election, the county central committee or executive committee may allocate delegates based on the number of registered voters affiliated with the political party, pursuant to the state party central committee's bylaws or rules.

(2) (a) In each state senatorial and representative district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial and representative district assemblies.

(b) In each state senatorial and representative district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial and representative district assemblies shall be apportioned among the counties by the party's senatorial or representative central committee according to the vote in the county or portion of a county for that party's candidate for governor or president in the last general election, pursuant to the state party central committee's bylaws or rules.

(3) All questions regarding the qualifications of any delegate or the conduct of any precinct caucus at which the delegates were voted on shall be determined by the credentials committees of the respective party county, representative, and senatorial assemblies.

(4) (a) All places established for holding precinct caucuses shall be designated by a sign conspicuously posted no later than twelve days before the precinct caucuses. The sign shall be substantially in the following form: "Precinct caucus place for precinct no. ......" The lettering on the sign and the precinct number shall be black on a white background with all letters and numerals at least four inches in height. Any precinct caucus subsequently removed and held in a place other than the place stated on the sign is null and void.

(b) Repealed.

(5) As used in this section, "delegate" means a person who is a registered elector, has been a resident of the precinct for twenty-two days prior to the caucus, and has been affiliated with the political party holding the caucus for at least twenty-two days, as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years during the twenty-two days immediately preceding the caucus or any registered elector who has become a naturalized citizen during the twenty-two days immediately preceding the caucus may be a delegate even though the elector has been affiliated with the political party for less than twenty-two days as shown in the statewide voter registration system. A delegate who moves from the precinct where registered during the twenty-one days prior to any caucus is ineligible to serve as a delegate from that precinct.

(6) In each state senatorial and representative district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial or representative district shall also serve as delegates to the senatorial and representative district assemblies if the senatorial or representative district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee's bylaws or rules. As a part of the resolution, the senatorial or representative central committee may determine the total number of delegate votes to be cast at the senatorial or representative district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county.

(7) Notwithstanding any provision to the contrary, a participant at a county assembly may participate remotely, including casting the participant's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.
C.R.S. § 1-13.5-1010 — CO Code / Title 1 / Article 13.5 / Part 10 / Section 1-13.5-1010
1-13.5-1010. Challenge of absentee voters' ballots - rejection - record
Status: in_force

1-13.5-1010. Challenge of absentee voters' ballots - rejection - record. (1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the election judges may determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the voter is not an eligible elector, the envelope containing the ballot of the voter shall not be opened, and the judges shall endorse on the back of the envelope the reason for rejection. When it is made to appear to the election judges by sufficient proof that any absentee voter who has marked and forwarded a ballot has died, the envelope containing the ballot of the deceased voter shall not be opened, and the judges shall make proper notation on the back of such envelope. If an absentee voter's envelope contains more than one marked ballot, none of the ballots in that envelope may be counted, and the judges shall note on the envelope the reason that the ballots were not counted. If an absentee voter's envelope does not contain all pages of a ballot, only the marked and returned pages shall be counted. Election judges shall certify in their returns the number of absentee voter's ballots cast and counted and the number of such ballots rejected.

(2) All absentee voters' envelopes, ballot stubs, and absentee voters' ballots rejected by the election judges in accordance with subsection (1) of this section must be returned to the designated election official. All absentee voters' ballots received by the designated election official after 7 p.m. on the day of the election, together with those rejected and returned by the election judges as provided in this section, must remain in the sealed identification envelopes.

(3) If an absentee voter's ballot is not returned or if it is rejected and not counted, the fact shall be noted on the record kept by the designated election official. Such record is open to public inspection under proper regulations.
C.R.S. § 1-13.5-806 — CO Code / Title 1 / Article 13.5 / Part 8 / Section 1-13.5-806
1-13.5-806. Ballots
Status: in_force

1-13.5-806. Ballots. The designated election official shall provide sufficient ballots for every election in which an electronic voting system is used.
C.R.S. § 1-13.5-702 — CO Code / Title 1 / Article 13.5 / Part 7 / Section 1-13.5-702
1-13.5-702. Judges to inspect machines - when
Status: in_force

1-13.5-702. Judges to inspect machines - when. The election judges of each polling place at which voting machines are used shall meet at the polling place at least forty-five minutes before the time set for the opening of the polls at each election. Before the polls open for an election, each judge shall carefully examine each machine used in the polling place and see that no vote has been cast and that every counter, except the protective counter, registers zero.
C.R.S. § 1-45-111.5 — CO Code / Title 1 / Article 45 / Section 1-45-111.5
1-45-111.5. Duties of the secretary of state - enforcement - sanctions - definitions
Status: repealed

1-45-111.5. Duties of the secretary of state - enforcement - sanctions - definitions. (1) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to enforce and administer any provision of this article.

(1.5) (a) Any person who believes that a violation of article XXVIII of the state constitution, the secretary of state's rules concerning campaign and political finance, or this article 45 has occurred may file a written complaint with the secretary of state in accordance with section 1-45-111.7.

(b) Any person who commits a violation of either the secretary of state's rules concerning campaign and political finance or this article that is not specifically listed in article XXVIII of the state constitution shall be subject to any of the sanctions specified in section 10 of article XXVIII of the state constitution or in this section.

(c) In addition to any other penalty authorized by article XXVIII of the state constitution or this article 45, a hearing officer may impose a civil penalty of fifty dollars per day for each day that a report, statement, or other document required to be filed under this article 45 that is not specifically listed in article XXVIII of the state constitution is not filed by the close of business on the day due. Any person who fails to file three or more successive committee registration reports or reports concerning contributions, expenditures, or donations in accordance with the requirements of section 1-45-107.5 shall be subject to a civil penalty of up to five hundred dollars for each day that a report, statement, or other document required to be filed by an independent expenditure committee is not filed by the close of business on the day due. Any person who knowingly and intentionally fails to file three or more reports due under section 1-45-107.5 shall be subject to a civil penalty of up to one thousand dollars per day for each day that the report, statement, or other document is not filed by the close of business on the day due. Imposition of any penalty under this subsection (1.5)(c) shall be subject to all applicable requirements specified in section 10 of article XXVIII of the state constitution governing the imposition of penalties.

(c.5) In addition to and without prejudice to any other penalty authorized under this article 45, a hearing officer shall impose a civil penalty as follows:

(I) At least one hundred dollars for each violation that is a failure to include a disclosure statement in accordance with section 1-46-103 (2), if the violation does not involve any paid advertising or other spending to promote or attract attention to a communication prohibited by section 1-46-103 (1), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103; and

(II) At least ten percent of the amount paid or spent to advertise, promote, or attract attention to a communication prohibited by section 1-46-103 (1) that does not include a disclosure statement in accordance with section 1-46-103 (2), or such other higher amount that, based on the degree of distribution and public exposure to the unlawful communication, the hearing officer deems appropriate to deter future violations of section 1-46-103.

(d) In connection with a complaint brought to enforce any requirement of article XXVIII of the state constitution or this article 45, a hearing officer may order disclosure of the source and amount of any undisclosed donations or expenditures.

(e) In connection with any action brought to enforce any provision of article XXVIII of the state constitution or this article 45, the membership lists of a membership organization, a labor organization or, in the case of a publicly held corporation, a list of the shareholders of the corporation, shall not be disclosed by means of discovery or by any other manner.

(f) Any person who is fined up to one thousand dollars per day for a knowing and intentional failure to file under paragraph (c) of this subsection (1.5) shall, if the person has shareholders or members, notify such shareholders or members of the penalty and the adjudicated violations on its publicly accessible website in a prominent manner for not less than one hundred eighty days after the final adjudication. A copy of this notice, with the website address used, shall be filed with the secretary of state and shall be a public record.

(g) The secretary of state has, as a matter of right, the right to intervene in any action pending before the office of administrative courts or the court of appeals that is brought to enforce the provisions of article XXVIII of the state constitution or this article.

(2) A party in any action brought to enforce the provisions of article XXVIII of the state constitution or of this article 45 is entitled to the recovery of the party's reasonable attorney fees and costs from any attorney or party who has brought or defended the action, either in whole or in part, upon a determination by the hearing officer that the action, or any part thereof, lacked substantial justification or that the action, or any part thereof, was commenced for delay or harassment or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including abuses of discovery procedures available under the Colorado rules of civil procedure. Notwithstanding any other provision of this subsection (2), no attorney fees may be awarded under this subsection (2) unless the court or hearing officer, as applicable, has first considered and issued written findings regarding the provisions of section 13-17-102 (5) and (6). Either party in an action in which the hearing officer awarded attorney fees and costs may apply to a district court to convert an award of attorney fees and costs into a district court judgment. Promptly upon the conversion of the award of attorney fees and costs into a district court judgment, the clerk of the district court shall mail notice of the filing of the judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice must include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. For purposes of this subsection (2), "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.

(3) Upon a determination by the hearing officer that an issue committee failed to file a report required pursuant to section 1-45-108, the hearing officer shall direct the issue committee to file any such report within ten days containing all required disclosure of any previously unreported contributions or expenditures and may, in addition to any other penalty, impose a penalty not to exceed twenty dollars for each contribution received and expenditure made by the issue committee that was not timely reported.

(4) (a) Upon failure of a witness or party to comply with an administrative subpoena issued in relation to an alleged campaign finance violation pursuant to article XXVIII of the state constitution or this article, the party that requested the administrative subpoena or the issuing agency may petition the district court ex parte with a copy of the petition sent to the subpoenaed witness or party and the administrative law judge by regular mail, for an order directing the witness or party to comply with the administrative subpoena.

(b) If the petition required by paragraph (a) of this subsection (4) shows to the district court's satisfaction that the administrative subpoena was properly served pursuant to rule 4 of the Colorado rules of civil procedure, the district court shall order the subpoenaed witness or party to appear before the district court and show cause why the witness or party should not be ordered to comply with the administrative subpoena. A copy of the petition and the court order shall be served, pursuant to rule 5 of the Colorado rules of civil procedure, on the witness or party at least fifteen days before the date designated for the witness or party to appear before the district court.

(c) At a show cause hearing ordered by the district court pursuant to paragraph (b) of this subsection (4), the court shall review the administrative subpoena and any evidence presented by the parties to determine compliance with the Colorado rules of civil procedure. The subpoenaed witness or party shall bear the burden of showing good cause as to why he or she should not be ordered to comply with the administrative subpoena.

(d) If the court determines that the subpoenaed witness or party is required to comply with the administrative subpoena:

(I) The district court shall order compliance forthwith and may impose remedial and punitive fines, including attorneys' fees and costs, for the witness's or party's failure to comply with the administrative subpoena; and

(II) The hearing officer shall schedule a hearing on the complaint to occur on a day after the occurrence of the required deposition and such other discovery as may be warranted due to such deposition.

(e) If the subpoenaed witness or party fails to appear at the show cause hearing, the district court may issue a bench warrant for the arrest of the subpoenaed witness or party and may impose other sanctions pursuant to the Colorado rules of civil procedure.

(5) Repealed.
C.R.S. § 1-6-110 — CO Code / Title 1 / Article 6 / Section 1-6-110
1-6-110. Judges at primary elections
Status: repealed

1-6-110. Judges at primary elections. (Repealed)
C.R.S. § 1-13.5-1105 — CO Code / Title 1 / Article 13.5 / Part 11 / Section 1-13.5-1105
1-13.5-1105. Procedures for conducting independent mail ballot election
Status: repealed

1-13.5-1105. Procedures for conducting independent mail ballot election. (1) Official ballots must be prepared and all other preelection procedures followed as otherwise provided by law; except that mail ballot packets must be prepared in accordance with this part 11.

(2) (a) Except for coordinated elections conducted pursuant to an intergovernmental agreement as a mail ballot election where the county clerk and recorder is the coordinated election official under the "Uniform Election Code of 1992", articles 1 to 13 of this title, no later than thirty days prior to election day, the county clerk and recorder in which the local government is located shall submit to the designated election official conducting the independent mail ballot election a complete preliminary list of registered electors. For special district independent mail ballot elections, the county clerk and recorder and county assessor of each county in which a special district is located shall certify and submit to the designated election official a property owners list and a list of registered electors residing within the affected district.

(b) Not later than twenty days prior to election day, the county clerk and recorder and, if appropriate, county assessor, required to submit a preliminary list in accordance with paragraph (a) of this subsection (2) shall submit to the designated election official a supplemental list of the names of eligible electors or property owners who registered to vote on or before twenty-two days prior to the election and whose names were not included on the preliminary list.

(c) All registered electors' names and property owners lists provided to a designated election official under this section shall include the last mailing address of each elector.

(d) (I) No later than twenty days before an election, the designated election official, or the coordinated election official if so provided by an intergovernmental agreement, shall provide notice by publication of an independent mail ballot election conducted pursuant to this article, which notice shall state, as applicable for the particular election for which the notice is provided, the information set forth in section 1-13.5-502.

(II) The notice required to be given by this paragraph (d) is in lieu of the notice requirements set forth in section 1-13.5-502.

(3) Subsequent to the preparation of ballots, but prior to the mailing required under subsection (4) of this section, a designated election official shall provide a mail ballot to an eligible elector requesting the ballot at the office designated in the mail ballot plan.

(4) (a) Not sooner than twenty-two days before an election, and no later than fifteen days before an election, the designated election official shall mail to each active registered elector and any electors who are authorized to vote pursuant to section 1-13.5-202 or other applicable law, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet marked "Do not forward. Address correction requested.", or any other similar statement that is in accordance with United States postal service regulations.

(b) The ballot or ballot label must contain the following warning:

Warning:

Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.

(c) (I) The return envelope must have printed on it a self-affirmation substantially in the form provided in section 1-13.5-605 (1).

(II) The signing of the self-affirmation on the return envelope constitutes an affirmation by the eligible elector to whom the ballot was provided, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, that is witnessed by another person who signs as witness where indicated on the return envelope.

(III) Repealed.

(d) Not sooner than twenty-two days prior to election day, and until 7 p.m. on election day, mail ballots must be made available at the office designated in the mail ballot plan for eligible electors who are not listed or who are listed as "Inactive" on the county voter registration records or, for special district independent mail ballot elections, not listed on the property owners list or the registration list but who are authorized to vote pursuant to section 1-13.5-202 or other applicable law.

(e) (I) An eligible elector may obtain a replacement ballot if his or her original ballot was destroyed, spoiled, lost, or for any other reason not received by the eligible elector. An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed. In order to obtain a ballot, the eligible elector must sign a sworn statement specifying the reason for requesting the ballot, which statement must be presented to the designated election official no later than 7 p.m. on election day. The designated election official shall keep a record of each ballot issued in accordance with this paragraph (e) with a list of each ballot obtained pursuant to paragraph (d) of this subsection (4).

(II) A designated election official or election judge shall not transmit a mail ballot packet under this paragraph (e) unless a sworn statement requesting the ballot is received on or before election day. A ballot may be transmitted directly to the eligible elector requesting the ballot at the office designated in the mail ballot plan or may be mailed to the eligible elector at the address provided in the sworn statement. Such ballots may be cast no later than 7 p.m. on election day.

(5) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, and comply with the instructions provided with the ballot.

(b) The eligible elector may return the marked ballot to the designated election official by United States mail or by depositing the ballot at the office of the official or any place identified in the mail ballot plan by the designated election official. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office identified in the mail ballot plan or an identified depository, which must remain open until 7 p.m. on election day. The depository must be identified by the designated election official and located in a secure place under the supervision of the designated election official, an election judge, or another person named by the designated election official.

(6) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records and property owners list, as applicable, to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.

(7) All deposited ballots shall be counted as provided in this part 11. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (6) of this section. Mail ballots shall be counted in the same manner as provided by section 1-13.5-609 for counting paper ballots or section 1-13.5-708 or 1-13.5-811 for counting electronic ballots. If the election judge or designated election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector shall be considered the elector's official ballot. Rejected ballots shall be handled in the same manner as provided in section 1-13.5-1010.
C.R.S. § 1-5-605.5 — CO Code / Title 1 / Article 5 / Part 6 / Section 1-5-605.5
1-5-605.5. Custody of voting system
Status: in_force

1-5-605.5. Custody of voting system. The county clerk and recorder or designated election official shall be the custodian of the voting system in a political subdivision and may appoint deputies necessary to prepare and supervise the voting system prior to and during elections.
C.R.S. § 1-5-608.5 — CO Code / Title 1 / Article 5 / Part 6 / Section 1-5-608.5
1-5-608.5. Electromechanical voting systems - testing by federally accredited labs - certif
Status: in_force

1-5-608.5. Electromechanical voting systems - testing by federally accredited labs - certification and approval of purchasing of electromechanical voting systems by secretary of state - conditions of use by secretary of state - testing. (1) A federally accredited laboratory may test, approve, and qualify electronic and electromechanical voting systems for sale and use in the state of Colorado.

(2) (Deleted by amendment, L. 2009, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15, 2009.)

(3) (a) If the electronic and electromechanical voting systems tested pursuant to this section satisfy the requirements of this part 6, the secretary of state shall certify such systems and approve the purchase, installation, and use of such systems by political subdivisions and establish standards for certification.

(b) The secretary of state may promulgate conditions of use in connection with the use by political subdivisions of electromechanical voting systems as may be appropriate.

(c) In undertaking the certification required by this section, the secretary of state may consider either procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.

(3.5) (a) On and after December 31, 2022, if an electronic and electromechanical voting system tested pursuant to this section satisfies the requirements of this part 6 related to the use of the system in an election using instant runoff voting and the rules established by the secretary of state pursuant to section 1-5-616 (1.5), the secretary of state shall certify such system and approve the purchase, installation, and use of such system by political subdivisions in an election using instant runoff voting.

(b) The secretary of state may promulgate conditions of use in connection with the use by political subdivisions of an electromechanical voting system in an election using instant runoff voting as may be appropriate.

(c) In undertaking the certification required by this section, the secretary of state may consider procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.

(4) In undertaking the certification required by this section, the secretary of state may request a federally accredited laboratory to undertake the testing of an electronic or electromechanical voting system or may use and rely upon the testing of an electronic or electromechanical voting system already performed by another state or a federally accredited laboratory upon satisfaction of the following conditions:

(a) The secretary of state has complete access to any documentation, data, reports, or similar information on which the other state or laboratory relied in performing its testing and will make such information available to the public subject to any redaction required by law; and

(b) The secretary of state makes written findings and certifies that he or she reviewed the information specified in paragraph (a) of this subsection (4) and determines that the testing:

(I) Was conducted in accordance with appropriate engineering standards in use as of the time the testing is undertaken; and

(II) Satisfies the requirements of sections 1-5-615 and 1-5-616 and all rules promulgated thereunder.

(5) In undertaking the certification required by this section, the secretary of state may conduct joint testing with an agency of another state or with a federally accredited laboratory.
C.R.S. § 1-13.5-608 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-608
1-13.5-608. Spoiled ballots
Status: in_force

1-13.5-608. Spoiled ballots. In polling places that use an electronic voting system or paper ballots, no person shall take or remove any ballot from the polling place before the close of the polls. If any elector spoils a ballot, he or she may successively obtain others, one at a time, not exceeding three in all, upon returning each spoiled one. The spoiled ballots so returned shall be immediately canceled and shall be preserved and returned to the designated election official along with other election records and supplies.
C.R.S. § 1-7-501 — CO Code / Title 1 / Article 7 / Part 5 / Section 1-7-501
1-7-501. Judges open ballot box first
Status: in_force

1-7-501. Judges open ballot box first. Immediately before proclamation is made of the opening of the polls, the election judges shall open the ballot box in the presence of those assembled and shall turn it upside down so as to empty it of anything that may be in it and then shall lock it securely. No ballot box shall be reopened until the time for counting the ballots or ballot cards therein.
C.R.S. § 1-40-124 — CO Code / Title 1 / Article 40 / Section 1-40-124
1-40-124. Publication
Status: in_force

1-40-124. Publication. (1) (a) In accordance with section 1 (7.3) of article V of the state constitution, the director of research of the legislative council of the general assembly shall cause to be published at least one time in at least one legal publication of general circulation in each county of the state, compactly and without unnecessary spacing, in not less than eight-point standard type, a true copy of:

(I) The title and text of each constitutional amendment, initiated or referred measure, or part of a measure, to be submitted to the people with the number and form in which the ballot title thereof will be printed in the official ballot; and

(II) The text of each referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), to be submitted to the people with the number and form in which such question will be printed in the official ballot.

(b) The publication may be in the form of a notice printed in a legal newspaper, as defined in sections 24-70-102 and 24-70-103 (1), C.R.S., or in the form of a publication that is printed separately and delivered as an insert in such a newspaper. The director of research of the legislative council may determine which form the publication will take in each legal newspaper. The director may negotiate agreements with one or more legal newspapers, or with any organization that represents such newspapers, to authorize the printing of a separate insert by one or more legal newspapers to be delivered by all of the legal newspapers participating in the agreement.

(c) Where more than one legal newspaper is circulated in a county, the director of research of the legislative council shall select the newspaper or newspapers that will make the publication. In making such selection, the director shall consider the newspapers' circulation and charges.

(d) The amount paid for publication shall be determined by the executive committee of the legislative council and shall be based on available appropriations. In determining the amount, the executive committee may consider the newspaper's then effective current lowest bulk comparable or general rate charged and the rate specified for legal newspapers in section 24-70-107, C.R.S. The director of research of the legislative council shall provide the legal newspapers selected to perform printing in accordance with this subsection (1) either complete slick proofs or mats of the title and text of the proposed constitutional amendment, initiated or referred measure, or part of a measure, and of the text of a referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), at least one week before the publication date.

(e) If no legal newspaper is willing or able to print or distribute the publication in a particular county in accordance with the provisions of this subsection (1), the director of research of the legislative council shall assure compliance with the publication requirements of section 1 (7.3) of article V of the state constitution by causing the printing of additional inserts or legal notices in such manner and form as deemed necessary and by providing for their separate circulation in the county as widely as may be practicable. Such circulation may include making the publications available at government offices and other public facilities or private businesses. If sufficient funds are available for such purposes, the director may also contract for alternative methods of circulation or may cause circulation by mailing the publication to county residents. Any printing and circulation made in accordance with this paragraph (e) shall be deemed to be a legal publication of general circulation for purposes of section 1 (7.3) of article V of the state constitution.

(2) (Deleted by amendment, L. 95, p. 437, § 18, effective May 8, 1995.)
C.R.S. § 1-46-102 — CO Code / Title 1 / Article 46 / Section 1-46-102
1-46-102. Definitions
Status: in_force

1-46-102. Definitions. As used in this article 46, unless the context otherwise requires:

(1) (a) "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content.

(b) "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.

(2) (a) "Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution; except that, "candidate" also includes any person who seeks nomination or election to any federal public office in this state.

(b) For purposes of this article 46, "candidate" also includes an incumbent or current office holder.

(3) "Deepfake" means an image, video, audio, or multimedia AI-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.

(4) "Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.

(5) "Metadata" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.

(6) "Office" means the office of the secretary of state, or the section or division of the office of the secretary of state administering the election laws of this state pursuant to section 1-1-107 (4).

(7) "Person" has the same meaning as set forth in section 1-13-109 (3).
C.R.S. § 1-5-410 — CO Code / Title 1 / Article 5 / Part 4 / Section 1-5-410
1-5-410. Printing and distribution of ballots
Status: in_force

1-5-410. Printing and distribution of ballots. (1) In political subdivisions using paper ballots or electronic ballot cards, the designated election official shall have a sufficient number of ballots printed and distributed to the election judges in the respective polling locations.

(2) This section does not apply to any election in which a ballot-on-demand system is used.
C.R.S. § 1-7-1003 — CO Code / Title 1 / Article 7 / Part 10 / Section 1-7-1003
1-7-1003. Conduct of elections using ranked voting methods - instant runoff voting - choic
Status: in_force

1-7-1003. Conduct of elections using ranked voting methods - instant runoff voting - choice voting or proportional voting - reports. (1) A ranked voting ballot shall allow an elector to rank as many choices as there are candidates. However, if the voting system cannot accommodate a number of rankings equal to the number of candidates, the designated election official may limit the number of choices an elector may rank to the maximum number allowed by the voting system; except that the number of choices shall not be less than three.

(2) A ranked voting ballot shall allow an elector to rank up to two write-in candidates. A vote for an unqualified write-in candidate shall not be considered a mark for a candidate.

(3) (a) In an election in which one candidate is to be elected to an office, the ranked voting method shall be known as instant runoff voting. The ballots shall be counted in rounds simulating a series of runoffs until two candidates remain or until one candidate has more votes than the combined vote total of all other candidates. The candidate having the greatest number of votes shall be declared the winner.

(b) In each round of counting ballots in an election using instant runoff voting, each ballot shall be counted as a vote for the remaining candidate ranked highest by the elector, and the candidate with the smallest number of votes shall be eliminated.

(c) If two or more candidates tie for the smallest number of votes, the candidate to eliminate shall be chosen by lot.

(4) In an election in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats, a local government may conduct a ranked voting election using the single transferable vote method, in which a winning threshold is calculated based on the number of seats to be filled and the number of votes cast so that no more than the correct number of candidates can win. The ballots shall be counted in rounds, with surplus votes transferred from winning candidates and candidates with the fewest votes eliminated according to the methodology established by the secretary of state by rule, until the number of candidates remaining equals the number of seats to be filled. A local government may also conduct an election pursuant to this subsection (4) using the principles of instant runoff voting specified in subsection (3) of this section to ensure that each elector has equal voting power and that an elector's lower ranking of a candidate does not count against the candidate to whom the elector gave the highest rank.

(5) (a) In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot.

(b) A local government that conducts an election using a ranked voting method shall conduct a voter education and outreach campaign to familiarize electors with ranked voting in English and in every language in which a ballot is required to be made available pursuant to this code and the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq.

(6) In an election using a ranked voting method, the election judges shall not count votes at the polling location but shall deliver all ballots cast in the election to the designated election official, which shall count the votes in accordance with this section and the rules adopted by the secretary of state pursuant to section 1-7-1004 (1).

(7) (a) For an election conducted using a ranked voting method, the designated election official shall issue the following reports:

(I) A summary report listing the total number of votes for each candidate in each round;

(II) A ballot image report listing for each ballot the order in which the elector ranked the candidates; and

(III) A comprehensive report listing the results in the summary report by precinct or ballot style, as required or permitted by section 1-7.5-208 (3)(a).

(b) The secretary of state may by rule establish additional requirements for the reports issued pursuant to this subsection (7).

(c) Preliminary versions of the summary report and ballot image report shall be made available to the public as soon as possible after the commencement of the official canvass of the vote pursuant to subsection (6) of this section.
C.R.S. § 1-45-101 — CO Code / Title 1 / Article 45 / Section 1-45-101
1-45-101. Short title
Status: in_force

1-45-101. Short title. This article shall be known and may be cited as the "Fair Campaign Practices Act".
C.R.S. § 1-13.5-201 — CO Code / Title 1 / Article 13.5 / Part 2 / Section 1-13.5-201
1-13.5-201. Registration required
Status: in_force

1-13.5-201. Registration required. Except where a statute specifically provides otherwise, no person is permitted to vote at any local government election without first having registered to vote in Colorado in accordance with the "Uniform Election Code of 1992", articles 1 to 13 of this title.
C.R.S. § 1-11-214 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-214
1-11-214. Trial and appeals in contests for county and nonpartisan elections
Status: in_force

1-11-214. Trial and appeals in contests for county and nonpartisan elections. (1) Immediately after the issue is joined, the district judge shall set the date for trial, which shall be not more than twenty days nor less than ten days after the issue was joined. The trial shall take precedence over all other business of the court. Any depositions to be used in the trial may be taken upon four days' notice before any officer authorized to take depositions. The testimony at trial may be made orally or by depositions. The district judge shall cause the testimony to be taken in full and filed in the cause. The trial shall be conducted according to district court rules and practice.

(2) An appeal from the judgment may be taken to the supreme court, in the same manner as other cases tried in the district court. The appeal shall be filed, the bill of exceptions settled, the bond for costs executed and filed, and the record transmitted to the clerk of the supreme court within twenty days from the date the judgment is entered. The supreme court shall advance the case to the head of the calendar and shall hear and determine the matter with all reasonable dispatch.
C.R.S. § 1-11-301 — CO Code / Title 1 / Article 11 / Part 3 / Section 1-11-301
1-11-301. Legislative declaration
Status: in_force

1-11-301. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Section 10 of article V of the Colorado constitution provides that each house of the general assembly shall judge the election and qualification of its members;

(b) Section 11 of article VII of the Colorado constitution authorizes the general assembly to pass laws to secure the purity of elections;

(c) In furtherance of these constitutional provisions and the plenary power of the general assembly, the general assembly may enact laws to enable a house of the general assembly to call a special legislative election in the event such house is unable to declare a person duly elected in a district as a member of the state senate or the state house of representatives because an accurate and verifiable vote count showing that the person has the highest number of votes cast in such district cannot be obtained from the general election returns.
C.R.S. § 1-2-703 — CO Code / Title 1 / Article 2 / Part 7 / Section 1-2-703
1-2-703. Violations - penalties
Status: repealed

1-2-703. Violations - penalties. (1) A voter registration drive organizer that conducts a voter registration drive without filing the statement of intent with the secretary of state in accordance with section 1-2-701 or without maintaining a designated agent in the state or that uses a voter registration application form other than the form approved by the secretary of state by rule shall be punished by a fine not to exceed five hundred dollars.

(2) A voter registration drive organizer that fails to fulfill the training requirements established by the secretary of state in accordance with section 1-2-701 (2) shall be punished by a fine not to exceed five hundred dollars.

(3) (a) and (b) Repealed.

(c) A voter registration drive organizer that intentionally fails to deliver a voter registration application to the proper county clerk and recorder in the manner and time prescribed by section 1-2-702 (2) shall be punished by a fine not to exceed five thousand dollars.

(4) A voter registration drive organizer that compensates a circulator working on a voter registration drive based on the number of voter registration applications the circulator distributes or collects shall be punished by a fine not to exceed one thousand dollars.
C.R.S. § 1-4-401 — CO Code / Title 1 / Article 4 / Part 4 / Section 1-4-401
1-4-401. Time of congressional vacancy elections
Status: in_force

1-4-401. Time of congressional vacancy elections. (1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs.

(2) A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.
C.R.S. § 1-7-110 — CO Code / Title 1 / Article 7 / Part 1 / Section 1-7-110
1-7-110. Preparing to vote in person
Status: in_force

1-7-110. Preparing to vote in person. (1) (a) When an elector appears in person to vote, a signature card containing the elector's name and residential address, as they appear in the statewide voter registration system created in section 1-2-301, shall be completed. Unless an elector is registering for the first time or updating the elector's voter registration information, the elector shall not be required to provide any information on the signature card in addition to the elector's name, residential address, and signature.

(b) Except as provided in subsection (4) of this section, an eligible elector desiring to vote in person shall show his or her identification as defined in section 1-1-104 (19.5), verify the information that appears on the signature card, sign the signature card, and give the signature card to one of the election judges. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector's mark. The signature card must provide:

I, ....................., affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; and this is the only ballot I have voted in this election.

(2) If the eligible elector shows his or her identification within the meaning of section 1-1-104 (19.5) and the elector's name is found on the registration list or, where applicable, the property owner's list by the election judge in charge, the judge in charge of the pollbook or list shall enter the eligible elector's name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time.

(2.5) If the elector's qualification to vote is established by the completion of an affidavit, and if the affidavit contains all of the information required in subsection (1) of this section, then the designated election official shall consider the affidavit the signature card.

(3) The election judges shall return the signed signature cards with other election materials to the designated election official.

(4) An eligible elector who is unable to produce identification may cast a provisional ballot in accordance with article 8.5 of this title.

(5) An eligible elector who does not reside within the county but wishes to vote at a polling location is entitled to receive a mail ballot or replacement mail ballot that contains the names of candidates for statewide federal and state offices and statewide ballot issues and ballot questions. The secretary of state shall certify the content of the ballot to the county clerk and recorder.

(6) A registered elector who will not have been a Colorado resident for at least twenty-two days immediately before a presidential general election may cast a provisional ballot, in accordance with article 8.5 of this title 1, that includes only a vote for president and vice president in that general election.
C.R.S. § 1-13-108 — CO Code / Title 1 / Article 13 / Part 1 / Section 1-13-108
1-13-108. Anonymous statements concerning candidates or issues
Status: repealed

1-13-108. Anonymous statements concerning candidates or issues. (Repealed)
C.R.S. § 1-2-302 — CO Code / Title 1 / Article 2 / Part 3 / Section 1-2-302
1-2-302. Maintenance of computerized statewide voter registration list - confidentiality
Status: repealed

1-2-302. Maintenance of computerized statewide voter registration list - confidentiality. (1) The secretary of state shall maintain the master list of registered electors of the entire state on as current a basis as is possible.

(1.5) The maintenance of the computerized statewide voter registration list by the secretary of state pursuant to section 1-2-301 (1) shall be conducted in a manner that ensures that:

(a) The name of each registered elector appears in the computerized statewide voter registration list;

(b) Only the names of voters who are not registered or who are not eligible to vote are removed from the computerized statewide voter registration list; and

(c) Duplicate names are removed from the computerized statewide voter registration list.

(2) The electors on the computerized statewide voter registration list shall be identified by name, place of residence, precinct number, date of birth, Colorado driver's license number, social security number, or other identification number, as such numbers may have been provided by the elector at the time the elector first registered to vote, and the date of registration.

(3) (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5, 2009.)

(3.5) (a) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on death. Upon being furnished with the report provided to him or her by the state registrar of vital statistics pursuant to section 1-2-602 (1), the secretary of state may electronically cancel the registration of deceased persons.

(b) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on felony status. Upon being furnished with information from the Colorado integrated criminal justice system that a particular registered elector has been convicted of a felony, the secretary of state may electronically cancel the registration of persons who have been convicted of a felony.

(4) Repealed.

(5) (a) (Deleted by amendment, L. 97, p. 476, § 18, effective July 1, 1997.)

(b) Repealed.

(6) The secretary of state shall determine and use other necessary means to maintain the master list of registered electors on a current basis. The department of state and the department of revenue shall allow for the exchange of information between the systems used by them to collect information on residence addresses, signatures, and party affiliation for all applicants for driver's licenses or state identification cards. No later than July 31, 2019, the department of state shall regularly provide the department of revenue with current voter registration information. The department of revenue must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state shall reimburse the department of revenue, through a one-time reimbursement, for any initial costs the department of revenue incurs in connection with updating Colorado DRIVES, as defined in section 42-1-102 (16.5), to allow the department of revenue to receive voter registration information and to use such information for the purposes described in this section. The department of revenue may exchange information on residence addresses in the driver's license database with the motor vehicle registration database, motorist insurance database, and the state income tax information systems.

(6.5) (a) At the earliest practical time, the secretary of state, acting on behalf of the department of state, and the executive director of the department of revenue, as the official responsible for the division of motor vehicles, shall enter into an agreement to match information in the database of the centralized statewide registration system with information in the database of the division of motor vehicles to the extent required to enable each department to verify the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.

(b) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of the department of public health and environment and the department of corrections to access information in the databases of the department of public health and environment and the department of corrections, to the extent required to enable the verification of the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.

(c) At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the extent required to enable the transfer and verification of information for voter registration purposes in accordance with section 1-2-502.5.

(6.7) The department of revenue shall enter into an agreement with the federal commissioner of social security for the purpose of verifying applicable information in accordance with the requirements of section 303 (a)(5)(B)(ii) of the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq. On or before March 1, 2022, the department of revenue shall provide access to the department of state for verification of a person's name, date of birth, and the last four digits of the person's social security number pursuant to the agreement entered into under this section to allow real-time interactive validation of online voter registration applicants pursuant to section 1-2-202.5.

(6.8) In accordance with subsections (6) and (6.5) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue or voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the appropriate county clerk and recorder. If the information meets the minimum matching criteria as specified in sections 1-2-603 and 1-2-604, the clerk shall then update the elector's voter registration record in the master list of registered electors.

(7) Repealed.

(8) The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state shall also establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the secretary of state and any other state agency or voter registration agency as defined in section 1-2-504 (1)(a) and (1)(b). Before commencing any data exchange or transfer required under this article 2, and no later than the date such exchange or transfer is required by statute to begin, the state agency or voter registration agency shall adhere to the technological security requirements established by the secretary of state under this section. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211, to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature.
C.R.S. § 1-40-131 — CO Code / Title 1 / Article 40 / Section 1-40-131
1-40-131. Tampering with initiative or referendum petition
Status: in_force

1-40-131. Tampering with initiative or referendum petition. Any person who willfully destroys, defaces, mutilates, or suppresses any initiative or referendum petition or who willfully neglects to file or delays the delivery of the initiative or referendum petition or who conceals or removes any initiative or referendum petition from the possession of the person authorized by law to have the custody thereof, or who adds, amends, alters, or in any way changes the information on the petition as provided by the elector, or who aids, counsels, procures, or assists any person in doing any of said acts upon conviction shall be punished as provided in section 1-13-111. The language in this section does not preclude a circulator from striking a complete line on the petition if the circulator believes the line to be invalid.
C.R.S. § 1-5-904 — CO Code / Title 1 / Article 5 / Part 9 / Section 1-5-904
1-5-904. Multilingual ballot hotline - creation - secretary of state - rules
Status: in_force

1-5-904. Multilingual ballot hotline - creation - secretary of state - rules. (1) The secretary of state shall establish a multilingual ballot hotline to provide access to a qualified translator or interpreter in each of the languages in the state that has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home, and in any additional languages the secretary determines by rule is needed to assist electors in translating ballot language. The multilingual ballot hotline shall be established for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter.

(2) The secretary of state shall provide notice on the secretary's website and shall create signs to be posted by county clerks at all voter service and polling centers to inform electors that the multilingual ballot hotline is available to electors statewide from the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through election day. The multilingual ballot hotline must be available anytime a voter visits a voter service and polling center during that center's hours of public operation. The multilingual ballot hotline must be available to all other voters between 8 a.m. and 5 p.m. Monday through Friday beginning the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through the Friday before election day. The hotline must be available to all voters between 7 a.m. and 7 p.m. on the Monday before election day and on election day.

(3) The secretary of state shall ensure that each translator or interpreter who provides translations for the multilingual ballot hotline is a qualified translator or interpreter in the language or languages in which the translator or interpreter provides ballot translation assistance. A qualified translator or interpreter shall provide assistance with translation of ballot language only and shall not provide explanations of or arguments for or against any candidate or question included on the ballot.

(4) The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to create and administer the multilingual ballot hotline, including rules regarding hiring or contracting for qualified translators or interpreters to staff the multilingual ballot hotline. The secretary of state may include rules for sharing qualified translator or interpreter resources with other state agencies.
C.R.S. § 1-40-120 — CO Code / Title 1 / Article 40 / Section 1-40-120
1-40-120. Filing in federal court
Status: in_force

1-40-120. Filing in federal court. In case a complaint has been filed with the federal district court on the grounds that a petition is insufficient due to failure to comply with any federal law, rule, or regulation, the petition may be withdrawn by the two persons designated pursuant to section 1-40-104 to represent the signers of the petition and, within fifteen days after the court has issued its order in the matter, may be amended and refiled as an original petition. Nothing in this section shall prohibit the timely filing of a protest to any original petition, including one that has been amended and refiled. No person shall be entitled, pursuant to this section, to amend an amended petition.
C.R.S. § 1-5-622 — CO Code / Title 1 / Article 5 / Part 6 / Section 1-5-622
1-5-622. Special rules applicable to 2007 retesting of voting systems - repeal
Status: repealed

1-5-622. Special rules applicable to 2007 retesting of voting systems - repeal. (Repealed)
C.R.S. § 1-4-909 — CO Code / Title 1 / Article 4 / Part 9 / Section 1-4-909
1-4-909. Protest of designations and nominations
Status: in_force

1-4-909. Protest of designations and nominations. (1) A petition or certificate of designation or nomination that has been verified and appears to be sufficient under this code shall be deemed valid unless a petition for a review of the validity of the petition pursuant to section 1-1-113 is filed with the district court within five days after the election official's statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official.

(1.5) If the election official determines that a petition is insufficient, the candidate named in the petition may petition the district court within five days for a review of the determination pursuant to section 1-1-113.

(1.7) (a) If a candidate submits a petition to the secretary of state at least fourteen days prior to the deadline to submit the petition and the secretary of state determines that the petition is insufficient, then the petition is insufficient unless the candidate files a protest in writing under oath in the office of the secretary of state within seven days after the secretary of state determined the petition was insufficient.

(b) In the protest, the candidate must identify with particularity the signature lines that the candidate believes the secretary of state should have accepted but that the secretary of state rejected. A candidate may not include in the protest signature lines that the secretary of state rejected solely for a signature discrepancy under section 1-4-908 (1.5) that the candidate did not cure.

(c) After a candidate files a protest, the secretary of state may convene a hearing, which must be held before the secretary of state or a designee of the secretary of state is appointed as the hearing officer. The secretary of state shall provide notice of the date and time of the hearing to the candidate by e-mail or mail no later than five days prior to the hearing. The testimony in every hearing must be under oath. The hearing must be summary and not subject to delay.

(d) The candidate filing a protest has the burden of sustaining the protest by a preponderance of the evidence. In determining whether any signature line should be accepted or rejected, the secretary of state may consider whether the signature on the petition matches the signature of the eligible elector identified by the candidate and whether the signer otherwise substantially complied with the requirements of this section when signing the petition. The secretary of state shall decide the protest no later than seven days before the deadline to certify ballot content pursuant to section 1-5-203 (1) for candidates to be placed on the primary election ballot and no later than fourteen days before the deadline to certify ballot content pursuant to section 1-5-203 (1) for any other candidate in any other election.

(e) The decision upon matters of substance is open to review, if application is made within five days, in the manner provided in section 1-1-113, to the district court. The remedy in all cases must be summary, and the decision of any court having jurisdiction is final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding as provided in section 1-1-113.

(2) This section does not apply to any nomination made at a primary election.
C.R.S. § 1-1-108 — CO Code / Title 1 / Article 1 / Part 1 / Section 1-1-108
1-1-108. Copies of election laws and manual provided
Status: in_force

1-1-108. Copies of election laws and manual provided. (1) No later than sixty days after each adjournment of the general assembly, the secretary of state shall transmit to the county clerk and recorder of each county a complete, updated copy of the pertinent sections of the election laws of the state.

(2) No later than January 15 in even-numbered years, the division of local government in the department of local affairs shall transmit to the designated election official of each special district organized under article 1 of title 32, C.R.S., entitled to hold elections or, if there is no designated election official, to the chief executive officer of the special district, at least one copy of the election laws. The designated election officials or chief executive officers of those special districts may request additional copies of the election laws.
C.R.S. § 1-2-217.5 — CO Code / Title 1 / Article 2 / Part 2 / Section 1-2-217.5
1-2-217.5. Change in residence before close of registration - emergency registration at off
Status: repealed

1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (Repealed)
C.R.S. § 1-13.5-612 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-612
1-13.5-612. Defective ballots
Status: in_force

1-13.5-612. Defective ballots. (1) If an elector votes for more names than there are persons to be elected to an office, or, if it is impossible to determine the choice of an elector for an office to be filled, the elector's ballot will not be counted for that office. A defective or an incomplete cross marked on any ballot in a proper place must be counted if there is no other mark or cross on such ballot indicating an intention to vote for some person other than those indicated by the first mentioned defective cross or mark. No ballot without the official endorsement, except as provided in section 1-13.5-704, may be deposited in the ballot box, and only ballots provided in accordance with this article shall be counted. If the election judges discover in the counting of votes that the name of any candidate voted for is misspelled or the initial letters of a candidate's given name are transposed or omitted in part or altogether on the ballot, the vote for the candidate must be counted if the intention of the elector to vote for the candidate is apparent.

(2) Ballots not counted must be marked "defective" on the back thereof and shall be preserved for such time as is provided in section 1-13.5-616 for ballots and destroyed as therein directed.
C.R.S. § 1-2-305 — CO Code / Title 1 / Article 2 / Part 3 / Section 1-2-305
1-2-305. Postelection procedures - voting history - definitions
Status: in_force

1-2-305. Postelection procedures - voting history - definitions. (1) Not later than sixty days after a state election, the county clerk and recorder shall generate a list of electors within the county who submitted more than one ballot for the election.

(2) If it is determined that an elector has voted more than once, the secretary of state or the county clerk and recorder shall notify the proper district attorney for prosecution of a violation of this code.

(3) As used in this section, unless the context otherwise requires:

(a) "District of state concern" means a congressional district or a unique political subdivision with territory in more than one county and with its own enabling legislation, as identified by rules adopted by the secretary of state pursuant to section 1-1-104 (9.5).

(b) "State election" means a general, primary, or congressional vacancy election, a special legislative election involving more than one county, a ballot issue election involving a statewide ballot issue, or any election involving a candidate or ballot issue for a district of state concern.

(4) No later than March 1 of each year following a year in which a general election was held, the secretary of state shall distribute to each major and minor political party, free of charge, a list of individuals who actually voted in such election. Such list may be in the form of a computer list.
C.R.S. § 1-2-215 — CO Code / Title 1 / Article 2 / Part 2 / Section 1-2-215
1-2-215. Certificate of registration
Status: in_force

1-2-215. Certificate of registration. Upon the request of any eligible elector, including requests made at the time of a regular biennial or special school election, special district election, or municipal election, the county clerk and recorder shall make and deliver to the elector a certificate of registration for the elector, setting forth the facts of the elector's registration, including the date, description, and other information recorded in connection with the registration, which certificate shall be attested by the signature of the county clerk and recorder and the seal of the county.
C.R.S. § 1-45-104 — CO Code / Title 1 / Article 45 / Section 1-45-104
1-45-104. Contribution limits
Status: repealed

1-45-104. Contribution limits. (Repealed)
C.R.S. § 1-12-101 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-101
1-12-101. Elected officers subject to recall
Status: in_force

1-12-101. Elected officers subject to recall. Every elected officer of this state or any political subdivision thereof is subject to recall from office at any time by the eligible electors entitled to vote for a successor to the incumbent. The recall of any state officer shall be governed by the recall of state officers procedure set forth in this article.
C.R.S. § 1-40-114 — CO Code / Title 1 / Article 40 / Section 1-40-114
1-40-114. Petitions - not election materials - no bilingual language requirement
Status: in_force

1-40-114. Petitions - not election materials - no bilingual language requirement. The general assembly hereby determines that initiative petitions are not election materials or information covered by the federal "Voting Rights Act of 1965", and therefore are not required to be printed in any language other than English to be circulated in any county in Colorado.
C.R.S. § 1-4-801 — CO Code / Title 1 / Article 4 / Part 8 / Section 1-4-801
1-4-801. Designation of party candidates by petition
Status: repealed

1-4-801. Designation of party candidates by petition. (1) Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office.

(2) The signature requirements for the petition are as follows:

(a) Every petition in the case of a candidate for any county office must be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. Except as otherwise provided in subsection (2)(e) of this section, the petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. Notwithstanding any other provision of law, an unaffiliated elector is not eligible to sign a petition for a candidate of a major political party.

(a.5) Every petition in the case of a candidate for a member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand five hundred signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.

(b) Every petition in the case of a candidate for member of the general assembly or any district office greater than a county office must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.

(b.5) Every petition in the case of a candidate for the office of district attorney must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.

(c) (I) Repealed.

(II) Every petition in the case of a candidate for the office of governor or the office of United States senator must be signed by at least one thousand five hundred eligible electors in each congressional district.

(c.5) Every petition in the case of a candidate for the office of secretary of state, attorney general, or state treasurer must be signed by at least one thousand eligible electors in each congressional district.

(c.7) Every petition in the case of a candidate for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado must be signed by at least five hundred eligible electors in each congressional district.

(d) (Deleted by amendment, L. 93, p. 1405, § 29, effective July 1, 1993.)

(e) Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two primary elections immediately following an election at which the voters have approved the change in the membership of the board, the signature requirements for the petition are as follows:

(I) Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to twenty percent of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in each county commissioner district that held a primary election in either of those elections. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot.

(II) Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, the determination of the required number of signers must begin with a calculation of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in the county commissioner districts that held a primary election in either of those elections. Upon a determination of the average, that number must then be divided by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. After completing this calculation, every petition must require signers equal in number to twenty percent of the number realized. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to the following calculation:

(A) Twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot; and

(B) Divide the number found in sub-subparagraph (A) of this subparagraph (II) by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five.

(f) Following the first two primary elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S., in accordance with the requirements of paragraph (e) of this subsection (2), the signature requirements for a petition for a county commissioner candidate who is affiliated with a major political party must follow the procedures specified in paragraph (a) of this subsection (2).

(3) No person shall be placed in nomination by petition on behalf of any political party unless the person was affiliated with the political party, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.

(4) No person who attempted and failed to receive at least ten percent of the votes for the nomination of a political party assembly for a particular office shall be placed in nomination by petition on behalf of the political party for the same office.

(5) (a) Party petitions shall not be circulated nor any signatures be obtained prior to the first business day in January. Petitions must be filed no later than the close of business on the third Tuesday in March, or on the seventy-fifth day after the first business day in January, whichever is later.

(b) Repealed.

(6) A candidate for a presidential primary election shall not begin circulating petitions before the first Monday in November of the year preceding the year in which the presidential primary election is held. A candidate must file a petition no later than the close of business on the eighty-fifth day before the date of the presidential primary election.
C.R.S. § 1-40-134 — CO Code / Title 1 / Article 40 / Section 1-40-134
1-40-134. Withdrawal of initiative petition
Status: in_force

1-40-134. Withdrawal of initiative petition. The designated representatives of the proponents of an initiative petition may withdraw the petition from consideration as a ballot issue by filing a letter with the secretary of state requesting that the petition not be placed on the ballot. The letter shall be signed and acknowledged by both designated representatives before an officer authorized to take acknowledgments and shall be filed no later than sixty days prior to the election at which the initiative is to be voted upon.
C.R.S. § 1-11-211 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-211
1-11-211. Contests for district attorneys
Status: in_force

1-11-211. Contests for district attorneys. The district court of the judicial district in which the contest for the office of district attorney arises has jurisdiction for the adjudication of contests for the office of district attorney. No district judge who is a contestor in any election contest shall be permitted to hear and determine the matter. In that case, the supreme court shall appoint a district judge to hear and decide the contest.
C.R.S. § 1-13.5-615 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-615
1-13.5-615. Abstract of votes - judges to post returns
Status: in_force

1-13.5-615. Abstract of votes - judges to post returns. (1) (a) In addition to all certificates otherwise required to be made of the count of votes cast at any election, the election judges are required to make an abstract of the count of votes containing the names of the offices, the names of the candidates, any ballot issues or ballot questions voted upon, and the number of votes counted for and against each candidate or ballot measure.

(b) Suitable blanks for the required abstract shall be prepared, printed, and furnished to all election judges at the same time and in the same manner as other election supplies are furnished.

(2) Immediately upon completion of the count, the abstract required under subsection (1) of this section must be posted in a conspicuous place that can be seen from the outside of the polling place. The abstract may be removed at any time forty-eight hours after the polls close.
C.R.S. § 1-5-701 — CO Code / Title 1 / Article 5 / Part 7 / Section 1-5-701
1-5-701. Legislative declaration - federal funds
Status: in_force

1-5-701. Legislative declaration - federal funds. (1) The general assembly hereby finds and declares that:

(a) It is the intent of the general assembly that all state requirements should meet or exceed the minimum federal requirements for accessibility of voting systems and polling locations to persons with disabilities.

(b) All state laws, rules, standards, and codes governing voting systems and polling location accessibility shall be maintained to ensure that the state is eligible for federal funds.
C.R.S. § 1-5-206.7 — CO Code / Title 1 / Article 5 / Part 2 / Section 1-5-206.7
1-5-206.7. Failure to receive mailed notice
Status: in_force

1-5-206.7. Failure to receive mailed notice. Any election for which a notice was mailed shall not be invalidated on the grounds that an eligible elector did not receive the ballot issue notice, mailed information, or mailed notification of the election required by this code or the state constitution if the designated election official or coordinated election official acted in good faith in making the mailing. Good faith is presumed if the designated election official or coordinated election official mailed the ballot issue notice, information, or notification to the addresses appearing on a registration list for the political subdivision as provided by the county clerk and recorder, and, where applicable, the list of property owners provided by the county assessor.
C.R.S. § 1-13.5-708 — CO Code / Title 1 / Article 13.5 / Part 7 / Section 1-13.5-708
1-13.5-708. Close of polls and count of votes
Status: in_force

1-13.5-708. Close of polls and count of votes. As soon as the polls are closed, the election judges shall immediately lock and seal each voting machine to prevent further voting. Immediately after each machine is locked and sealed, the election judges shall open the counting compartments and count the votes. After the total votes for each candidate and each ballot issue or ballot question, as applicable, have been ascertained, the election judges shall make a certificate of votes cast, in numerical figures only, and return the same to the designated election official as provided in section 1-13.5-613.
C.R.S. § 1-13.5-610 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-610
1-13.5-610. Counting by counting judges
Status: in_force

1-13.5-610. Counting by counting judges. (1) In precincts with counting judges, the receiving judges as directed by the designated election official shall deliver to the counting judges the ballot box containing cast ballots and the receiving judges shall then use another ballot box furnished for voting. The receiving judges shall open, empty, and lock the alternate ballot box in the manner prescribed in section 1-13.5-603.

(2) When the counting judges have counted the votes in a ballot box, they shall return the empty ballot box to the receiving judges and exchange it for the box containing ballots cast since taking possession of the first ballot box. The judges shall continue to exchange ballot boxes in the same manner until the polls are closed and shall continue counting until all ballots have been counted.

(3) When an exchange of ballot boxes is made as described in subsection (2) of this section, the receiving judges shall sign and furnish to the counting judges a statement showing the number of ballots that are to be found in each ballot box as indicated by the pollbooks. The counting judges shall then count ballots in the manner prescribed in section 1-13.5-609.

(4) The designated election official may provide a separate room or building for the counting judges.
C.R.S. § 1-9-209 — CO Code / Title 1 / Article 9 / Part 2 / Section 1-9-209
1-9-209. Challenges delivered to district attorney
Status: in_force

1-9-209. Challenges delivered to district attorney. The county clerk and recorder or designated election official shall forthwith deliver a challenge that is not withdrawn, along with the affidavit of the elector on the mail-in, provisional ballot, or mail ballot return envelope, to the district attorney for investigation and action. When practicable, the district attorney shall complete the investigation within ten days after receiving the challenge.
C.R.S. § 1-12-123 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-123
1-12-123. Conflicts with constitutional requirements for recall of state officers or other
Status: in_force

1-12-123. Conflicts with constitutional requirements for recall of state officers or other elections laws. (1) To the extent that this part 1 concerning the recall of state officers conflicts with article XXI of the state constitution, article XXI of the state constitution controls.

(2) To the extent that this part 1 conflicts with other provisions of this code, this part 1 controls.