C.R.S. § 1-4-1407 — CO Code / Title 1 / Article 4 / Part 14 / Section 1-4-1407
1-4-1407. Initiative - petition
Status: in_force

1-4-1407. Initiative - petition. (1) (a) Notwithstanding any other provision of law, the registered electors of a county may submit to the board of county commissioners of the county a proposed ballot question regarding lengthening, shortening, or eliminating the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution. The registered electors may commence the initiative process by filing written notice of the proposed ballot question with the county clerk and recorder and subsequently, within one hundred eighty days after approval of the petition pursuant to subsection (2) of this section but no less than one hundred forty days prior to the next scheduled coordinated or general election, by filing a petition signed by registered electors of the county in an amount equal to at least five percent of the total number of votes cast in the county for all candidates for the office of district attorney at the previous general election.

(b) Upon the receipt and verification of the initiative petition pursuant to this section, the board of county commissioners shall refer the proposed ballot question, in the form petitioned for, to the registered electors of the county at the next scheduled coordinated or general election, whichever occurs first.

(2) (a) Each initiative petition filed pursuant to subsection (1) of this section shall be printed in a form consistent with this subsection (2). No petition shall be printed or circulated unless the form and the first printer's proof of the petition section have first been submitted to the county clerk and recorder and approved by the county clerk and recorder. The county clerk and recorder shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the county clerk and recorder received such material. The county clerk and recorder shall assure that the petition section contains only those elements required by this section and contains no extraneous material.

(b) Each petition section shall designate by name and mailing address two persons who shall represent the proponents thereof on all matters affecting the initiative petition and to whom all notices or information concerning the petition shall be mailed.

(c) (I) At the top of each page of every initiative petition section, the following shall be printed, in a form as prescribed by the county clerk and recorder:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign any initiative petition with any name other than his or her own, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.

DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.

Do not sign this petition unless you have read or have had read to you the proposed initiative or the summary in its entirety and understand its meaning.

(II) A summary of the proposed ballot question that is the subject of an initiative petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the county clerk and recorder.

(III) The full text of the proposed ballot question that is the subject of an initiative petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of subparagraph (I) of this paragraph (c), if the text of the proposed ballot question requires more than one page of a petition section, the warning and summary need not appear at the top of any page other than the initial text page.

(IV) The signature pages shall consist of the warning and the summary, followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed ballot question that is the subject of the initiative petition is printed.

(3) (a) Following the signature pages of each petition section, there shall be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following:

(I) The affiant's printed name, the address at which the affiant resides, including the affiant's street name and number, municipality, and county, and the date the affiant signed the affidavit;

(II) That the affiant has read and understands the laws governing the circulation of initiative petitions;

(III) That the affiant was eighteen years of age or older at the time the petition section was circulated and signed by the listed electors;

(IV) That the affiant circulated the petition section;

(V) That each signature thereon was affixed in the affiant's presence;

(VI) That each signature thereon is the signature of the person whose name it purports to be;

(VII) That, to the best of the affiant's knowledge and belief, each of the persons signing the initiative petition section was, at the time of signing, a registered elector; and

(VIII) That the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the initiative petition.

(b) The county clerk and recorder shall not accept for filing any petition section that does not have attached thereto the notarized affidavit required by paragraph (a) of this subsection (3). Any disassembly of a petition section that has the effect of separating the affidavit from the signature page or pages shall render that petition section invalid and of no force and effect.

(c) Any signature added to a petition section after the affidavit has been executed shall be invalid.

(d) All petition sections shall be prenumbered serially.

(e) Any petition section that fails to conform to the requirements of this section or that is circulated in a manner other than that permitted by this section shall be invalid.

(4) The circulation of any petition section other than personally by a circulator is prohibited. No petition section shall be circulated by any person who is not eighteen years of age or older at the time the petition section is circulated.

(5) Any initiative petition shall be signed only by registered electors who are eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, and the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically unable to sign the petition or is illiterate and wishes to sign the petition, the elector shall sign and make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the signor.

(6) (a) The county clerk and recorder shall inspect timely filed initiative petitions and the attached affidavits, and may do so by examining the information on signature lines for patent defects, by comparing the information on signature lines against a list of registered electors of the county.

(b) After examining the initiative petition, the county clerk and recorder shall issue a statement as to whether a sufficient number of valid signatures has been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section.

(c) The statement of sufficiency or insufficiency shall be issued no later than thirty calendar days after the initiative petition has been filed. If the county clerk and recorder fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient.

(7) (a) Within forty days after an initiative petition is filed, a protest in writing under oath may be filed in the office of the county clerk and recorder by any registered elector who resides in the county, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this section. No signature may be challenged that is not identified in the protest by section and line number. The county clerk and recorder shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed.

(b) The county clerk and recorder shall furnish a requesting protester with a list of the registered electors in the county and shall charge a fee to cover the cost of furnishing the list.

(c) Every hearing shall be held before the county clerk and recorder with whom such protest is filed. The county clerk and recorder shall serve as hearing officer unless some other person is designated by the board of county commissioners as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section. The determination as to petition sufficiency may be reviewed by the district court for the county upon application of the protester, the persons designated as representing the petition proponents, or the county, but such review shall be had and determined forthwith.

(8) The general assembly finds the provisions of this section are a matter of statewide concern and shall apply to all counties, including home rule counties, and to the city and county of Denver and the city and county of Broomfield.
C.R.S. § 1-4-603 — CO Code / Title 1 / Article 4 / Part 6 / Section 1-4-603
1-4-603. Designation of major political party candidates by petition
Status: in_force

1-4-603. Designation of major political party candidates by petition. Candidates for major political party nominations for the offices specified in section 1-4-502 (1) that are to be made by primary election may be placed on the primary election ballot by petition, as provided in part 8 of this article.
C.R.S. § 1-4-904 — CO Code / Title 1 / Article 4 / Part 9 / Section 1-4-904
1-4-904. Signatures on the petitions
Status: in_force

1-4-904. Signatures on the petitions. (1) Every petition shall be signed only by eligible electors.

(2) (a) For petitions to nominate candidates from a major political party in a partisan election, each signer must be affiliated with the major political party named in the petition and shall state the following to the circulator: That the signer has been affiliated with the major political party named in the petition for at least twenty-two days as shown in the statewide voter registration system and that the signer has not signed any other petition for any other candidate for the same office.

(b) Petitions to nominate candidates from a minor political party or unaffiliated candidates in a partisan election may be signed by any eligible elector who has not signed any other petition for any other candidate for the same office.

(3) Unless physically unable, all electors shall sign their own signature and shall print their names, their respective residence addresses, including the street number and name, the city or town, the county, and the date of signature. Each signature on a petition shall be made, to the extent possible, in black ink.

(4) Any person, except a circulator, may assist an elector who is physically unable to sign the petition in completing the information on the petition as required by law. On the petition, immediately following the name of the disabled elector, the person providing assistance shall sign, provide the person's address, and state that the assistance was given to the disabled elector.
C.R.S. § 1-40-101 — CO Code / Title 1 / Article 40 / Section 1-40-101
1-40-101. Legislative declaration
Status: reserved

1-40-101. Legislative declaration. (1) The general assembly declares that it is not the intention of this article to limit or abridge in any manner the powers reserved to the people in the initiative and referendum, but rather to properly safeguard, protect, and preserve inviolate for them these modern instrumentalities of democratic government.

(2) (a) The general assembly finds, determines, and declares that:

(I) The initiative process relies upon the truthfulness of circulators who obtain the petition signatures to qualify a ballot issue for the statewide ballot and that during the 2008 general election, the honesty of many petition circulators was at issue because of practices that included: Using third parties to circulate petition sections, even though the third parties did not sign the circulator's affidavit, were not of legal age to act as circulators, and were paid in cash to conceal their identities; providing false names or residential addresses in the circulator's affidavits, a practice that permits circulators to evade detection by persons challenging the secretary of state's sufficiency determination; circulating petition sections without even a rudimentary understanding of the legal requirements relating to petition circulation; and obtaining the signatures of persons who purported to notarize circulator affidavits, even though such persons were not legally authorized to act as notaries or administer the required oath;

(II) The per signature compensation system used by many petition entities provides an incentive for circulators to collect as many signatures as possible, without regard for whether all petition signers are registered electors; and

(III) Many petition circulator affidavits are thus executed without regard for specific requirements of law that are designed to assist in the prevention of fraud, abuse, and mistake in the initiative process.

(b) The general assembly further finds, determines, and declares that:

(I) Because petition circulators who reside in other states typically leave Colorado immediately after petitions are submitted to the secretary of state for verification, a full and fair examination of fraud related to petition circulation is frustrated, and as a result, the secretary of state has been forced to give effect to certain circulator affidavits that were not properly verified and thus were not prima facie evidence of the validity of petition signatures on affected petition sections; and

(II) The courts have not had authority to exercise jurisdiction over fraudulent acts by circulators and notaries public in connection with petition signatures reviewed as part of the secretary of state's random sample.

(c) Therefore, the general assembly finds, determines, and declares that:

(I) As a result of the problems identified in paragraphs (a) and (b) of this subsection (2), one or more ballot measures appeared on the statewide ballot at the 2008 general election even though significant numbers of the underlying petition signatures were obtained in direct violation of Colorado law and the accuracy of the secretary of state's determination of sufficiency could not be fully evaluated by the district court; and

(II) For the initiative process to operate as an honest expression of the voters' reserved legislative power, it is essential that circulators truthfully verify all elements of their circulator affidavits and make themselves available to participate in challenges to the secretary of state's determination of petition sufficiency.
C.R.S. § 1-13.5-105 — CO Code / Title 1 / Article 13.5 / Part 1 / Section 1-13.5-105
1-13.5-105. Acts legal and valid
Status: in_force

1-13.5-105. Acts legal and valid. Acts and elections conducted pursuant to provisions that refer to registered electors, any elections, and any acts relating to those elections carried out under law that were conducted prior to July 1, 1992, and that were valid when conducted are held to be legal and valid in all respects.
C.R.S. § 1-11-212 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-212
1-11-212. Contests for county and nonpartisan officers - ballot issues and ballot question
Status: in_force

1-11-212. Contests for county and nonpartisan officers - ballot issues and ballot questions. Contested election cases of county and nonpartisan officers and ballot issues and ballot questions shall be tried and decided by the district court for the county in which the contest arises. If a political subdivision is located in more than one county, the district court of either county may take jurisdiction.
C.R.S. § 1-45-110 — CO Code / Title 1 / Article 45 / Section 1-45-110
1-45-110. Candidate affidavit - disclosure statement
Status: in_force

1-45-110. Candidate affidavit - disclosure statement. (1) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the appropriate officer within ten days, that the candidate is familiar with the provisions of this article; except that an individual who is a candidate in a special legislative election that filed a candidate affidavit for the preceding general election shall not be required to comply with the provisions of this section, and except that a candidate in a special district election shall file the candidate affidavit or, alternatively, a copy of the candidate's self-nomination and acceptance form or letter submitted in accordance with section 1-13.5-303, if such form or letter contains a statement that the candidate is familiar with the provisions of this article, no later than the date established for certification of the special district's ballot pursuant to section 1-5-203 (3)(a). A candidate in a municipal election may comply with this section by filing a candidate affidavit pursuant to section 31-10-302 (6), C.R.S., if such affidavit contains a statement that the candidate is familiar with the provisions of this article.

(2) (a) Except as provided in subsection (2)(b) of this section, each candidate for the general assembly, governor, lieutenant governor, attorney general, state treasurer, secretary of state, state board of education, regent of the university of Colorado, and district attorney shall file an accurate and complete statement disclosing the information required by section 24-6-202 (2) with the appropriate officer, on a form approved by the secretary of state, within ten days of filing the affidavit required by subsection (1) of this section.

(b) No candidate listed in paragraph (a) of this subsection shall be required to file another disclosure statement if the candidate had already filed such a statement less than ninety days prior to filing the affidavit required by subsection (1) of this section.

(c) A candidate must electronically file the disclosure statement required in subsection (2)(a) of this section, and the secretary of state must make all disclosure statements available to the public on its website. The secretary may redact certain information such as a candidate's address or other personal information.

(d) The form approved by the secretary of state must include an affirmation for the candidate to certify that the information provided in the disclosure statement is true, complete, and correct to the best of the candidate's knowledge and belief.

(2.5) A candidate seeking reelection does not have to file another disclosure statement required by subsection (2)(a) of this section if the incumbent filed the annual report required by section 24-6-202 (2) within thirty days of the date on which the incumbent became a candidate for reelection.

(3) If any person fails to file the affidavit or an accurate and complete disclosure statement required by subsection (2) of this section, the designated election official certifying the ballot in accordance with section 1-5-203 (3)(a) shall send a notice to the person by e-mail and mail. The notice must state that the person will be disqualified as a candidate if the person fails to file the appropriate document within ten business days after the notice has been sent. If the person fails to file the appropriate document within that time frame, the designated election official shall disqualify the candidate.

(3.5) In addition to any other process provided in law or rule, any person may file a complaint with the secretary of state about a candidate not complying with the requirements of this section.

(4) Any disclosure statement required by subsection (2) of this section shall be amended no more than thirty days after any termination, acquisition, or substantial change of interests as to which disclosure is required.

(5) If a person is defeated as a candidate or withdraws from the candidacy, that person shall not be required to comply with the provisions of this section after the withdrawal or defeat.
C.R.S. § 1-7-118 — CO Code / Title 1 / Article 7 / Part 1 / Section 1-7-118
1-7-118. Ranked voting in a coordinated election - procedure - costs - definition
Status: in_force

1-7-118. Ranked voting in a coordinated election - procedure - costs - definition. (1) On and after January 1, 2023, a municipality located in a single county that takes formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election, as defined in section 1-7-116, by providing written notice to the county clerk and recorder conducting the election at least one hundred days before the election. If the county uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting, the county clerk and recorder shall conduct the election as part of the coordinated election in accordance with this section and section 1-7-116. In addition to the requirements of section 1-7-116 (2), the agreement between the county clerk and recorder and the municipality must include a plan for conducting the voter education campaign required by section 1-7-1003 (5)(b). The county clerk and recorder conducting the election shall, with input from the municipality, determine the maximum number of choices an elector may rank in accordance with section 1-7-1003 (1).

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) On or before April 1, 2023, the secretary of state shall adopt rules concerning the tabulation, reporting, and canvassing of results for a coordinated election using instant runoff voting conducted by a single county. On or before January 1, 2026, the rules must include provisions for an instant runoff voting election conducted by multiple counties.

(6) As used in this section, "municipality" means a statutory city or town or a home rule municipality.
C.R.S. § 1-13.5-611 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-611
1-13.5-611. Tally sheets
Status: in_force

1-13.5-611. Tally sheets. As the election judges open and read the ballots, the votes that each candidate and any ballot issue or ballot question received must be carefully marked down, upon tally sheets prepared by the designated election official for that purpose, by any appropriate election official.
C.R.S. § 1-12-203 — CO Code / Title 1 / Article 12 / Part 2 / Section 1-12-203
1-12-203. Vacancies in general assembly
Status: repealed

1-12-203. Vacancies in general assembly. (1) In the event of a vacancy in the general assembly caused by the death or resignation of a member who has been sworn into office, caused by the death or resignation of a member who has been elected to a seat but who has not yet been sworn into office, or caused by a person not taking the oath of office as provided in paragraph (b) of subsection (3) of this section, the vacancy shall be filled by the appropriate vacancy committee, if any, as provided in section 1-3-103 (1)(d), of the same political party and of the same representative or senatorial district represented by the former member whose seat is vacant. If the member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party. If the member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the petition for nomination pursuant to section 1-4-802 (1)(e). The vacancy shall be filled until the next general election after the vacancy occurs, when the vacancy shall be filled by election.

(2) No vacancy committee may select a person to fill a vacancy at a meeting held pursuant to this section unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members at least ten days prior to the meeting by the chairperson of the central committee that selected the members. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid.

(3) (a) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose and open to the public, shall select a person who possesses the constitutional qualifications for a member of the general assembly and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration system as the former member whose seat is vacant. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy. The committee shall certify the selection to the secretary of state within thirty days from the date the vacancy occurs; except that, in the case of a vacancy filled pursuant to section 1-4-1006, the committee shall certify the selection within thirty days after the date of the general election affected by the vacancy. If the vacancy committee fails to certify a selection within thirty days in accordance with this subsection (3), the governor, within five days, shall fill the vacancy by appointing a person having the qualifications set forth in this subsection (3). The name of the person selected or appointed must be certified to the secretary of state.

(b) No sooner than two days after receiving the certification from the vacancy committee, the secretary of state shall certify the name of the person selected or appointed to the appropriate house of the general assembly. The oath of office shall be administered to the person within thirty days of the receipt of such certification by the appropriate house or on the convening date of the general assembly, whichever occurs first; except that the president of the senate or the speaker of the house of representatives, as appropriate, shall extend the time to take the oath upon a finding that extenuating circumstances prevented the person from taking the oath within the initial thirty-day period. In the event the person does not take the oath of office in accordance with this paragraph (b), the office shall be deemed vacant and shall be filled by the appropriate vacancy committee pursuant to the provisions of this section. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office and shall serve until the next convening of the general assembly following the election certification and qualification of a successor. Nothing in this subsection (3) shall be construed to reduce the number of consecutive terms that a person appointed to fill a vacancy in the general assembly may serve in accordance with section 3 of article V of the state constitution.

(4) For purposes of this section, a vacancy caused by the resignation of a member of the general assembly occurs on the effective date of the member's letter of resignation to the chief clerk of the house of representatives or the secretary of the senate. If the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee may meet no more than twenty days prior to the effective date of the resignation for the purposes of nominating a person to fill the vacancy. The certification of the nominee of the vacancy committee to the secretary of state may not be made prior to the effective date of the resignation; further, should the member of the general assembly withdraw the letter of resignation prior to the effective date, the person nominated by the vacancy committee may not be certified to the secretary of state.

(5) If the vacancy is caused by the death of a member-elect of the general assembly who has been elected to office but who has not yet been sworn in, the vacancy committee shall meet no more than thirty days after the death of the general assembly member-elect to fill the vacancy. The certification of the nomination of the vacancy committee to the secretary of state may be made prior to the convening of the general assembly but shall not take effect until the effective date of the vacancy, which is the first day the general assembly convenes.

(6) (a) Notwithstanding any provision to the contrary, a member of a vacancy committee filling a vacancy pursuant to this section may participate in a vacancy committee meeting remotely, including casting the member's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.

(b) Repealed.
C.R.S. § 1-13-704.5 — CO Code / Title 1 / Article 13 / Part 7 / Section 1-13-704.5
1-13-704.5. Voting by persons not entitled to vote - penalty
Status: in_force

1-13-704.5. Voting by persons not entitled to vote - penalty. (1) Any person voting in any election provided by law knowing that he or she is not entitled to vote in such election commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(2) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
C.R.S. § 1-12-114 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-114
1-12-114. Mail ballots - plan required - voter service and polling centers - number requir
Status: in_force

1-12-114. Mail ballots - plan required - voter service and polling centers - number required - definition. (1) (a) Notwithstanding section 1-7.5-105, as soon as practicable after the date that the designated election official certifies the recall question to the ballot under section 1-12-111, any county clerk and recorder administering a recall election shall submit to the secretary of state, for approval within three business days after receipt, a proposed election plan that includes all information required by section 1-7.5-105. If the secretary of state does not provide written notice of approval or disapproval of the plan within three business days, the plan is deemed approved.

(b) The secretary of state may disapprove an election plan submitted under subsection (1)(a) of this section using only the same standards used to evaluate and approve of election plans transmitted under section 1-7.5-105.

(2) Notwithstanding any provision of this code:

(a) The designated election official conducting the recall election shall designate the office of the county clerk and recorder or other suitable location to provide a mail ballot or replacement ballot to a registered elector requesting the ballot at the office of the county clerk and recorder or other designated location from the twenty-second day prior to the final day of voting in such election through that final day of voting; and

(b) Not earlier than the twenty-second day or later than the eighteenth day before the election, the designated election official shall mail ballots to all active registered electors.

(3) (a) There must be one voter service and polling center for each thirty thousand active registered electors in the district of the incumbent sought to be recalled; except that any such district must have at least one voter service and polling center, and each district that spans more than one county must operate one voter service and polling center within the boundaries of each county. Each voter service and polling center must be open from the eighth day prior to the final day of voting in the recall election through the final day. Each voter service and polling center required by this section must be open for eight hours Monday through Friday, four hours on Saturday, and need not be open on Sunday. On the final day of voting, each voter service and polling center required by this section must be open from 7 a.m. to 7 p.m.

(b) When a recall election is combined with a general election in even years pursuant to article XXI of the state constitution and section 1-12-111, the number and days of operation of voter service and polling centers and the manner of voting for the recall as part of said general election are the same as those prescribed under section 1-5-102.9. When a recall election is combined with a general election in odd years pursuant to article XXI of the state constitution and section 1-12-111, the number and days of operation of voter service and polling centers and the manner of voting for the recall as part of said general election are the same as those prescribed under section 1-7.5-107.

(4) As used in this section, and for purposes of article XXI of the state constitution, "part of said general election" means the inclusion of the questions of both the recall of an incumbent and the election of the incumbent's successor on mail ballots that are sent by mail, available at voter service and polling centers, or otherwise delivered to an elector as permitted by law, from the date for holding the election through the last day of voting in a general election. Notwithstanding this definition, to maximize participation of voters covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., all candidate races, ballot issues, and ballot questions that a covered voter is eligible to vote on must be included on the ballots required to be sent pursuant to that act, and recall-related ballot questions must be sent separately on ballots that adhere to the deadlines set forth in this section.
C.R.S. § 1-5-621 — CO Code / Title 1 / Article 5 / Part 6 / Section 1-5-621
1-5-621. Compliance - definitions
Status: in_force

1-5-621. Compliance - definitions. (1) Notwithstanding any provision of law to the contrary, upon filing of a complaint, the secretary of state shall investigate the complaint and may review or inspect the electronic or electromechanical voting system of a political subdivision at any time, including election day, to determine whether the system complies with the applicable requirements of this part 6 or deviates from a certified system.

(2) A voting system provider or a designated election official using an electronic or electromechanical voting system shall give notice to the secretary of state within twenty-four hours of a malfunction of its system in preparation for or during an election. The notice may be verbal or in writing. For purposes of this section, "malfunction" means a deviation from a correct value in a voting system.

(3) Upon receipt of the notice sent pursuant to subsection (2) of this section, the secretary of state shall determine whether further information on the malfunction is required. At the written or verbal request of the secretary of state, the voting system provider or designated election official shall submit a report to the secretary of state's office describing the reprogramming or other actions necessary to correct the malfunction of the electronic or electromechanical voting system. The report shall indicate whether permanent changes are necessary to prevent similar malfunctions in the future. The report shall be submitted within thirty days after the date of the request by the secretary of state. Failure to submit the report within the required period shall be grounds to decertify the system. A copy of the report shall be attached to the most recent certification of the system on file in the secretary of state's office. The secretary of state shall distribute a copy of the report to all political subdivisions that use the system.

(4) If the secretary of state determines after inspecting an electronic or electromechanical voting system or reviewing the report submitted pursuant to subsection (3) of this section that the system does not comply with applicable standards or deviates from a certified system, the secretary shall by written order:

(a) Specify actions to remedy the defect in the electronic or electromechanical voting system and direct the designated election official or voting system provider, as appropriate, to perform such actions;

(b) Prohibit the use of the electronic or electromechanical voting system or any part of the system by a political subdivision that adopted the system for use in an election until the actions to remedy the defect are performed and approved by the secretary of state;

(c) Limit the use of the electronic or electromechanical voting system or any part of the system to circumstances or conditions stated in the order; or

(d) Decertify the electronic or electromechanical voting system.

(5) Upon decertification of an electronic or electromechanical voting system, the secretary of state shall notify all political subdivisions that use the system and the providers of the system that the certification of the system for use and sale in this state is withdrawn. The notice shall be in writing and shall indicate the reasons for the decertification of the system and the effective date of the decertification.

(6) Within thirty days after receiving notice from the secretary of state of the decertification of an electronic or electromechanical voting system, a political subdivision or provider of a voting system that is decertified may request in writing that the secretary of state reconsider its decision to decertify the electronic or electromechanical voting system. Upon receipt of the request, the secretary of state shall hold a public hearing to reconsider the decision to decertify the system. Any interested party may submit testimony or documentation in support of or in opposition to the decision to decertify the system. Following the hearing, the secretary of state may affirm or reverse the decision.

(7) The secretary of state shall amend or rescind an order issued under this section if the secretary of state determines that the electronic or electromechanical voting system has been modified to comply with applicable standards or no longer deviates from the certified system.
C.R.S. § 1-11-207 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-207
1-11-207. Rules for conducting contests for state officers
Status: in_force

1-11-207. Rules for conducting contests for state officers. (1) In conducting any election contest for any of the offices named in section 1-11-205, the following rules apply:

(a) On the appointed day and hour, the general assembly, with its proper officers, shall convene in joint session.

(b) The president of the senate shall preside; but, when the president is the contestee, the president pro tempore of the senate shall preside.

(c) The parties to the contest shall then be called by the secretary of the senate. If they answer, their appearance shall be recorded.

(d) The testimony of the contestor shall be introduced first, followed by the testimony of the contestee. After the testimony has been presented on both sides, the contestor or contestor's counsel may open the argument, and the contestee or counsel may then proceed to make a defense, and the contestor may be heard in reply.

(e) After the arguments by the parties are completed, any member of the joint session may offer the reasons for the member's intended vote. The session may limit the time for argument and debate.

(f) The secretary of the senate shall keep a regular journal of the proceedings. The decision shall be taken by a call of the members, and a majority of all the votes given shall prevail.
C.R.S. § 1-4-501 — CO Code / Title 1 / Article 4 / Part 5 / Section 1-4-501
1-4-501. Only eligible electors eligible for office
Status: in_force

1-4-501. Only eligible electors eligible for office. (1) No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.

(2) No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.

(3) The qualification of any candidate may be challenged by an eligible elector who lives in the district for which the candidate seeks office within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the official who certified the candidate to the ballot is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. The provisions of section 13-17-101 regarding frivolous, groundless, or vexatious actions apply to this section.
C.R.S. § 1-7-402 — CO Code / Title 1 / Article 7 / Part 4 / Section 1-7-402
1-7-402. Sample ballots - ballot labels
Status: repealed

1-7-402. Sample ballots - ballot labels. (Repealed)
C.R.S. § 1-13.5-104 — CO Code / Title 1 / Article 13.5 / Part 1 / Section 1-13.5-104
1-13.5-104. Acts and elections conducted pursuant to provisions that refer to qualified elec
Status: in_force

1-13.5-104. Acts and elections conducted pursuant to provisions that refer to qualified electors. Any elections, and any acts relating thereto, carried out under law that were conducted prior to July 1, 1987, pursuant to provisions that referred to a qualified elector rather than an eligible elector and that were valid when conducted are deemed and held to be legal and valid in all respects.
C.R.S. § 1-7-102 — CO Code / Title 1 / Article 7 / Part 1 / Section 1-7-102
1-7-102. Employees entitled to vote
Status: in_force

1-7-102. Employees entitled to vote. (1) Eligible electors entitled to vote at an election shall be entitled to absent themselves for the purpose of voting from any service or employment in which they are then engaged or employed on the day of the election for a period of two hours during the time the polls are open. Any such absence shall not be sufficient reason for the discharge of any person from service or employment. Eligible electors, who so absent themselves shall not be liable for any penalty, nor shall any deduction be made from their usual salary or wages, on account of their absence. Eligible electors who are employed and paid by the hour shall receive their regular hourly wage for the period of their absence, not to exceed two hours. Application shall be made for the leave of absence prior to the day of election. The employer may specify the hours during which the employee may be absent, but the hours shall be at the beginning or end of the work shift, if the employee so requests.

(2) This section shall not apply to any person whose hours of employment on the day of the election are such that there are three or more hours between the time of opening and the time of closing of the polls during which the elector is not required to be on the job.
C.R.S. § 1-4-1103 — CO Code / Title 1 / Article 4 / Part 11 / Section 1-4-1103
1-4-1103. Write-in votes for governor, president
Status: in_force

1-4-1103. Write-in votes for governor, president. (1) No write-in vote for governor in a general election will be counted unless it includes a write-in vote for lieutenant governor.

(2) No write-in vote for president in a general election will be counted unless it includes a write-in vote for vice-president.
C.R.S. § 1-40-117 — CO Code / Title 1 / Article 40 / Section 1-40-117
1-40-117. Statement of sufficiency - cure
Status: repealed

1-40-117. Statement of sufficiency - cure. (1) After examining the petition:

(a) If the petition proposes a law, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures appears to have been submitted to certify the petition to the ballot; or

(b) If the petition proposes an amendment to the state constitution, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot.

(2) If the petition proposes an initiated law and was validated by random sample, the statement must contain the total number of signatures submitted and whether the number of signatures presumed valid was ninety percent of the required total or less or one hundred ten percent of the required total or more.

(3) (a) If the secretary declares that the petition appears not to have a sufficient number of valid signatures, the statement issued by the secretary must specify the number of sufficient and insufficient signatures. The secretary shall identify by section number and line number within the section those signatures found to be insufficient and the grounds for the insufficiency. Such information shall be kept on file for public inspection in accordance with section 1-40-118.

(b) Repealed.

(4) During the review of a petition, the secretary of state shall notify the designated representatives of the proponents of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the designated representatives of the proponents have five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the designated representative of the proponents must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.
C.R.S. § 1-12-103 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-103
1-12-103. Petition for recall - statement of grounds
Status: in_force

1-12-103. Petition for recall - statement of grounds. Eligible electors of the state or a political subdivision may initiate the recall of an elected official by signing a petition that demands the election of a successor to the officer named in the petition. The petition must contain a general statement, consisting of two hundred words or less, stating the ground or grounds on which the recall is sought. The general statement shall not include any profane or false statements. The statement is for the information of the electors who are the sole and exclusive judges of the legality, reasonableness, and sufficiency of the ground or grounds assigned for the recall. The ground or grounds are not open to review.
C.R.S. § 1-1.5-106 — CO Code / Title 1 / Article 1.5 / Section 1-1.5-106
1-1.5-106. Federal elections assistance fund - match requirements - maintenance of effort -
Status: in_force

1-1.5-106. Federal elections assistance fund - match requirements - maintenance of effort - grants and loans to counties. (1) (a) There is hereby created in the state treasury the federal elections assistance fund, which fund shall be administered by the secretary and shall consist of:

(I) All moneys received by the state from the federal government pursuant to HAVA;

(II) All moneys appropriated or otherwise made available to the fund by the general assembly for the purpose of carrying out the activities required by HAVA;

(III) All moneys received by the state as payment from the counties pursuant to subsection (3) of this section;

(IV) Moneys collected by the secretary for the implementation of this article from federal grants and other contributions, grants, bequests, and donations received from individuals, private organizations, or foundations; and

(V) Interest earned on deposits made to the fund.

(b) All moneys specified in paragraph (a) of this subsection (1) shall be transmitted to the state treasurer to be credited to the fund.

(2) (a) Any moneys received by the state from the federal government pursuant to HAVA shall be used by the state only for the purposes specified by the provisions of HAVA under which the moneys were provided.

(b) All moneys in the fund are continuously appropriated to the department for the proper administration, implementation, and enforcement of HAVA in accordance with the requirements of this article. All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.

(3) Subject to available appropriations, the secretary may direct that moneys in the department of state cash fund created in section 24-21-104 (3)(b), C.R.S., as of July 1, 2003, be used to satisfy in whole or in part the requirement of section 253 (b)(5) of HAVA that the state appropriate funds for carrying out the activities for which federal payments are being made in an amount equal to five percent of the total amount to be spent for such activities. In order to assist the state in satisfying this requirement of HAVA, the secretary may assess the counties for a share of the financial requirement assessed against the state under HAVA as specified in this subsection (3) and may establish by rule a plan to fairly and reasonably allocate the financial obligation among the counties pursuant to this subsection (3).

(4) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the general assembly shall make an annual appropriation to the department out of moneys in the department of state cash fund for election-related purposes that is not less than the level of expenditures for such purposes maintained by the state for the 2001-02 fiscal year.

(5) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the secretary shall maintain out of moneys in the department of state cash fund a level of expenditures in support of the statewide voter registration system created in section 1-2-301 that is not less than the level of expenditures for such purposes maintained by the secretary for the 2001-02 fiscal year.

(6) For the county fiscal year that ends prior to November 1, 2003, and for each county fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, each county shall maintain not less than the same amount of expenditures on activities arising under Title III of HAVA that it expended on such activities for its fiscal year ending prior to November 2002, excluding moneys expended during that period for capital expenditures on new voting equipment or any other one-time capital expenditure as determined by the secretary.

(7) The secretary may establish a program pursuant to which the secretary may award grants or loans to the counties for the purpose of assisting the counties in meeting any of the requirements imposed upon them pursuant to HAVA or by this article. In connection with the establishment of any such program created pursuant to this subsection (7), the secretary shall specify, without limitation, qualification requirements for eligibility to receive a grant or loan, administration of the grant or loan program, criteria for awarding a grant or loan, any limit on the total amount of moneys to be awarded in a grant or loan pursuant to the requirements of this subsection (7), any limit on the amount to be awarded to any one grant or loan recipient, auditing or reporting requirements for grant or loan recipients, penalty provisions where grant or loan moneys are expended improperly, and, in the case of loans, repayment terms. Notwithstanding any other provision of law, each loan awarded pursuant to this subsection (7) shall bear interest at a specified rate.

(8) In response to the failure by a county to satisfy any of the requirements imposed upon it pursuant to this section, the secretary may deduct from the reimbursement to which the county would ordinarily be entitled pursuant to section 1-5-505.5 the amount of moneys owed by the county pursuant to this section.

(9) Any county may donate to the state equipment for voter registration purposes in accordance with part 3 of article 2 of this title, which equipment is determined to be usable by the secretary. In exchange for such donation, the county shall receive a credit in the amount of the fair market value of the item donated against the financial obligation assessed against the county pursuant to subsection (3) of this section.
C.R.S. § 1-4-105 — CO Code / Title 1 / Article 4 / Part 1 / Section 1-4-105
1-4-105. Defeated candidate ineligible
Status: in_force

1-4-105. Defeated candidate ineligible. No person who has been defeated as a candidate in a primary election shall be eligible for election to the same office by ballot or as a write-in candidate in the next general election unless the party vacancy committee nominates that person; except that this section does not apply to candidates for president of the United States.
C.R.S. § 1-2-101 — CO Code / Title 1 / Article 2 / Part 1 / Section 1-2-101
1-2-101. Qualifications for registration - preregistration
Status: repealed

1-2-101. Qualifications for registration - preregistration. (1) Every person who is eighteen years of age or older on the date of the next election and who has the following qualifications is entitled to register to vote at all elections:

(a) The person is a citizen of the United States; and

(b) The person has resided in this state twenty-two days immediately prior to the election at which the person intends to vote.

(2) (a) (I) [Editor's note: This version of subsection (2)(a)(I) is effective until January 1, 2025.] Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is sixteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update his or her preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered.

(2) (a) (I) [Editor's note: This version of subsection (2)(a)(I) is effective January 1, 2025.] Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is fifteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update the person's preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered.

(II) Repealed.

(b) The registration requirements of section 1-2-201 apply to a person preregistering to vote under this subsection (2).

(c) A person preregistered under this subsection (2) who is seventeen years of age on the date of a primary election or presidential primary election and who will be eighteen years of age on the date of the next general election is entitled to vote in the primary election or presidential primary election.

(3) Repealed.
C.R.S. § 1-4-912 — CO Code / Title 1 / Article 4 / Part 9 / Section 1-4-912
1-4-912. Cure - rules
Status: repealed

1-4-912. Cure - rules.

(1) Repealed.

(2) During the review of any candidate's petition that is required to be filed with the secretary of state's office, the secretary of state shall notify the candidate of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the candidate has five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the candidate must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.

(3) The secretary of state shall promulgate rules, in accordance with article 4 of title 24, to implement this section, as amended.
C.R.S. § 1-11-215 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-215
1-11-215. Recount in contests for county and nonpartisan elections
Status: in_force

1-11-215. Recount in contests for county and nonpartisan elections. If, at trial of any election contest as provided in section 1-11-214 and this section, the statement or counterstatement alleges an error in the abstract of votes cast sufficient to change the result, the district judge has the power to order a recount of the ballots cast or the votes tabulated in the precincts in which the alleged error was made. The court may also require the production before it of witnesses, documents, records, and other evidence as may have or contain information regarding the legality of any vote cast or counted for either of the contesting candidates or a ballot issue or ballot question, or concerning the correct number of votes cast for a candidate or a ballot issue or ballot question. The court may order the returns corrected in accordance with the evidence presented and the court's findings.
C.R.S. § 1-13-718 — CO Code / Title 1 / Article 13 / Part 7 / Section 1-13-718
1-13-718. Release of information concerning count
Status: in_force

1-13-718. Release of information concerning count. Any election official, watcher, or other person who releases information concerning the count of ballots cast at polling locations or of mail-in or mail voters' ballots prior to 7 p.m. on the day of the election upon conviction shall be punished as provided in section 1-13-111.
C.R.S. § 1-2-303 — CO Code / Title 1 / Article 2 / Part 3 / Section 1-2-303
1-2-303. Multiple registration - most recent date of registration determines precinct in
Status: repealed

1-2-303. Multiple registration - most recent date of registration determines precinct in which allowed to vote. (1) If a registered elector is registered to vote in more than one precinct in this state, the elector shall vote only in the precinct which pertains to the most recent date of registration, as determined by the secretary of state's master list of registered electors.

(2) and (3) Repealed.
C.R.S. § 1-13.5-601 — CO Code / Title 1 / Article 13.5 / Part 6 / Section 1-13.5-601
1-13.5-601. Hours of voting
Status: in_force

1-13.5-601. Hours of voting. At all elections held under this article, the polls shall be opened at 7 a.m. and remain open until 7 p.m. of the same day. If a full set of election judges is not present at the hour of 7 a.m., an alternate election judge shall be appointed by the designated election official or judge in attendance at the polling place. The polls shall be opened if at least two election judges are present, even if the alternate judge has not arrived. Every person otherwise qualified to vote who is standing in line waiting to vote at 7 p.m. may vote.
C.R.S. § 1-7-502 — CO Code / Title 1 / Article 7 / Part 5 / Section 1-7-502
1-7-502. Elector given only one ballot or ballot card
Status: repealed

1-7-502. Elector given only one ballot or ballot card. (Repealed)
C.R.S. § 1-5-205 — CO Code / Title 1 / Article 5 / Part 2 / Section 1-5-205
1-5-205. Published and posted notice of election - content
Status: repealed

1-5-205. Published and posted notice of election - content. (1) The designated election official, or the coordinated election official if so provided by an intergovernmental agreement, no later than twenty days before each election, shall provide notice by publication of the election as described by section 1-1-104 (34), which notice must state, as applicable for the particular election for which notice is provided, the following:

(a) The date of the election;

(b) The hours during which the polling locations and, as appropriate, drop-off locations will be open;

(c) The addresses of the polling locations;

(d) The addresses of the drop-off locations;

(e) Repealed.

(f) to (i) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.)

(1.2) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.)

(1.3) A copy of the notice required by this section shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the designated election official or the clerk and recorder if the election is coordinated by the clerk and recorder. Sample ballots may be used as notices so long as the information required by this section is included with the sample ballot.

(1.4) Publication of the notice required by subsection (1) of this section by the clerk and recorder for a coordinated election shall satisfy the publication requirement for all political subdivisions participating in the coordinated election.

(1.5) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.)

(2) At the time that notice by publication is made, the designated election official shall also mail a copy of the notice of the election to the county clerk and recorders of the counties in which the political subdivision is located if the clerk and recorder is not the coordinated election official.

(3) When there is a vacancy for an unexpired term in any national or state office or a district office of state concern that is by law to be filled at any general or congressional vacancy election, the secretary of state, no later than fifty-five days prior to the election, shall give notice in writing by publishing a notice in at least one newspaper of general circulation in the state or in the congressional district in which the vacancy is to be filled. The notice shall specify the office in which the vacancy exists, the cause of the vacancy, the name of the officer in whose office it has occurred, and the time when the term of office will expire.

(4) For a primary mail ballot election, in addition to the items described in subsection (1) of this section, the notice shall advise eligible electors who are not affiliated with a political party of the electors' ability to select and cast a ballot of one major political party in the primary election.
C.R.S. § 1-8.3-114 — CO Code / Title 1 / Article 8.3 / Section 1-8.3-114
1-8.3-114. Declaration
Status: in_force

1-8.3-114. Declaration. A ballot shall include or be accompanied by the signed affirmation required by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.
C.R.S. § 1-7-504 — CO Code / Title 1 / Article 7 / Part 5 / Section 1-7-504
1-7-504. Spoiled ballot or ballot card
Status: in_force

1-7-504. Spoiled ballot or ballot card. In polling locations in which voting is on a ballot or ballot card, no person, except an election judge as authorized by the designated election official, shall remove a spoiled ballot or ballot card from the polling location before the close of the polls. Any eligible elector who spoils a ballot or ballot card may successively obtain others, one at a time, not exceeding three in all, upon returning each spoiled ballot or ballot card. The spoiled ballots or ballot cards thus returned shall be immediately canceled and shall be preserved and returned to the designated election official as provided in section 1-7-701. Nothing in this section prohibits an elector from obtaining a replacement ballot pursuant to section 1-7.5-107.
C.R.S. § 1-10.5-102 — CO Code / Title 1 / Article 10.5 / Section 1-10.5-102
1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions,
Status: in_force

1-10.5-102. Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues. (1) If the secretary of state determines that a recount is required for the office of United States senator, representative in congress, any state office or district office of state concern, any state ballot question, or any state ballot issue certified for the ballot by the secretary of state, the secretary of state shall order a complete recount of all the votes cast for that office, state ballot question, or state ballot issue no later than the twenty-fourth day after the election.

(2) The secretary of state shall notify the county clerk and recorder of each county involved of a public recount to be conducted in the county. The recount must be completed no later than the thirty-first day after any election. The secretary of state shall promulgate and provide each county clerk and recorder with the necessary rules to conduct the recount in a fair, impartial, and uniform manner, including provisions for watchers during the recount. Any rule concerning the conduct of a recount must take into account the type of voting system and equipment used by the county in which the recount is to be conducted.

(3) (a) Prior to any recount, the canvass board shall choose at random and test at least one ballot scanner that will be used in the candidate race, ballot issue, or ballot question that is the subject of the recount. The purpose of the test is to ensure that the voting system accurately tabulates votes in the recounted contest. To conduct the test, the county must prepare and tabulate the following groups of ballots:

(I) A group of ballots that includes every ballot style and, where applicable, precinct style containing the recounted contest. The group of ballots must consist of enough ballots to mark every vote position and every possible combination of vote positions for the recounted contest and include overvotes, undervotes, and blank votes in the recounted contest. The canvass board may choose to use the county's group of ballots from the public logic and accuracy test conducted pursuant to section 1-7-509 (2) for the same election to satisfy this requirement.

(II) For a requested recount, a group of ballots consisting of ten ballots with the recount contest marked by the individual requesting the recount, any other candidate in the contest, or the person or organization that could have requested the recount; and

(III) For a mandatory recount, a group of ballots consisting of ten ballots with the recount contest marked by at least two canvass board members of different party affiliations.

(b) A bipartisan team of election judges or staff must hand tally the recounted contest on the test ballots and verify that the hand tally matches the voting system's tabulation for each scanner that is being tested. If the canvass board uses the county's group of ballots from the public logic and accuracy test conducted under section 1-7-509 (2), then the canvass board may use the known results or previous hand tally of that group of ballots in lieu of hand tallying the recounted contest for those ballots. If the results of the comparison of the machine count and the manual count in accordance with the requirements of subsection (3)(a) of this section and this subsection (3)(b) are identical, or if the canvass board concludes that any discrepancies are attributable to human error, then the recount must be conducted in the same manner as the original ballot count. If the results of the comparison of the machine count and the manual count in accordance with the requirements of subsection (3)(a) of this section and this subsection (3)(b) are not identical, or if any discrepancy is not able to be accounted for by voter error, a presumption is created that a hand count of the voter-verified paper records will be used for the recount, unless evidence exists that the integrity of the voter-verified paper records has been irrevocably compromised. The secretary of state shall decide which method of recount is used in each case, based on the secretary's determination of which method will ensure the most accurate count, subject to judicial review for abuse of discretion. Nothing in this subsection (3) limits any person from pursuing any applicable legal remedy otherwise provided by law.

(c) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting the test of voting devices for the recount required by paragraph (a) of this subsection (3). The rules shall account for:

(I) The number of ballots cast in the candidate race, ballot issue, or ballot question that is the subject of the recount;

(II) An audit of each type of voting device utilized by the county in the candidate race, ballot issue, or ballot question that is the subject of the recount; and

(III) The confidentiality of the ballots cast by the electors in the candidate race, ballot issue, or ballot question that is the subject of the recount.
C.R.S. § 1-13.5-1004 — CO Code / Title 1 / Article 13.5 / Part 10 / Section 1-13.5-1004
1-13.5-1004. List of absentee voters' ballots - removal from list
Status: in_force

1-13.5-1004. List of absentee voters' ballots - removal from list. (1) The designated election official shall keep a list of names of eligible electors who have applied for absentee voters' ballots and of those permanent absentee voters placed on the list pursuant to section 1-13.5-1003 (2), with the date on which each application was made, the date on which the absentee voter's ballot was sent, and the date on which each absentee voter's ballot was returned. If an absentee voter's ballot is not returned, or if it is rejected and not counted, that fact must be noted on the list. The list is open to public inspection under proper regulations.

(2) (a) An eligible elector whose name appears on the list as a permanent absentee voter must remain on the list and must be mailed an absentee voter's ballot for each election conducted by the political subdivision for which the eligible elector has requested permanent absentee voter status.

(b) An eligible elector must be deleted from the permanent absentee voter list if:

(I) The eligible elector notifies the designated election official that he or she no longer wishes to vote by absentee voter's ballot;

(II) The absentee voter's ballot sent to the eligible elector is returned to the designated election official as undeliverable;

(III) The eligible elector has been deemed "Inactive" pursuant to section 1-2-605; or

(IV) The person is no longer eligible to vote in the political subdivision.

(3) The designated election official shall keep a list of the names of eligible electors applying for an absentee voter's ballot, the number appearing on the stub of the ballot issued to such eligible elector, and the date the ballot is delivered or mailed. This information may be recorded on the registration record or registration list before the registration book or list is delivered to the election judges. A separate list of the eligible electors who have received absentee voter's ballots must be delivered to the election judges in the polling place designated for counting absentee voter's ballots, or, if the designated election official elects to deliver absentee voters' envelopes received from electors to the election judges of such polling place, as provided by section 1-13.5-1006, a separate list of the eligible electors who have received absentee voter's ballots must be delivered to the election judges of each such polling place.
C.R.S. § 1-12-108 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-108
1-12-108. Petition requirements - approval as to form - determination of sufficiency - pro
Status: repealed

1-12-108. Petition requirements - approval as to form - determination of sufficiency - protest - offenses. (1) The petition shall be prepared and circulated pursuant to this part 1.

(1.5) No signature shall be counted that was placed on a petition prior to approval as to form of the petition by the designated election official pursuant to subsection (4) of this section or more than sixty days after the designated election official's approval as to form of the petition.

(2) (a) The petition for the recall of an elected official may consist of one or more sheets, to be fastened together in the form of one petition section, but each side of the sheet that contains signatures of eligible electors shall contain the same heading and each petition section shall contain one sworn affidavit of the circulator. No petition shall contain the name of more than one person proposed to be recalled from office.

(b) The petition for recall may be circulated and signed in sections, and each section must contain a full and accurate copy of the warning as required by subsection (3)(b) of this section, the title in subsection (3)(c) of this section, the general statement as described in section 1-12-103, the cost estimate required by subsection (3.5) of this section, the statement of the incumbent if provided pursuant to subsection (4)(a)(II) of this section, and appropriate columns or spaces for the information required in subsection (5)(b) of this section. Each petition section must designate, by name and address, a committee of up to three persons that represents the signers in all matters affecting the petition.

(3) (a) A petition shall not be certified as sufficient unless it contains the required number of names of eligible electors. A designated election official shall not count the names of electors whose names appeared on a previous petition deemed sufficient for the recall of the same person and office.

(b) At the top of each side of each sheet that contains signatures of eligible electors shall be printed, in bold-faced type, the following:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to knowingly sign the petition when not a registered elector.

Do not sign this petition unless you are an eligible elector. To be an eligible elector you must be registered to vote and eligible to vote in (name of political subdivision) elections.

Do not sign this petition unless you have read or have had read to you the proposed recall measure in its entirety and understand its meaning.

(c) Directly following the warning in paragraph (b) of this subsection (3) shall be printed in bold-faced type the following:

Petition to recall (name of person sought to be recalled) from the office of (title of office).

(3.5) Prior to submitting a printer's proof of a petition for approval as to form, the committee shall notify the designated election official of the committee's intent to file a petition for approval as to form. Within three business days of receiving the notice, the designated election official shall provide the committee with an estimate of the costs of conducting the recall election. The cost estimate must be included in each petition section circulated.

(4) (a) (I) A petition shall not be circulated until the first printer's proof of the petition has been submitted to the designated election official and it has been approved as to form as meeting the requirements of this subsection (4). All sections of the petition must be prenumbered serially. The official with whom the petitions are to be filed pursuant to section 1-12-107 shall approve or disapprove a petition as to form by the close of the seventh business day following submission of the printer's proof of the proposed petition. On the day the designated election official approves the format, the designated election official shall mail or electronically submit written notice of the action taken to the committee and to the person whom the petition seeks to recall.

(II) Immediately upon receiving a printer's proof of a proposed petition for approval as to form, the designated election official shall notify the incumbent and provide the incumbent with a copy of the printer's proof. Within three business days of the notification, the incumbent may submit to the designated election official the statement described in section 1-12-112 (1). If the incumbent timely submits the statement, the designated election official shall disapprove the petition as to form and shall provide the committee with a copy of the incumbent's statement with the notice of disapproval. The committee may resubmit the printer's proof of the proposed petition, which must include the incumbent's statement, for approval.

(b) If the form of the petition is not approved as to form, the designated election official shall provide specific reasons for the disapproval.

(c) Nothing in this section limits the ability of the committee to correct a petition as to form in accordance with the specific reasons set forth pursuant to paragraph (b) of this subsection (4) and to submit the corrected petition for review and approval or disapproval in the same manner as provided in this part 1 for an original submission.

(d) The designated election official shall notify the committee at the time a petition format is approved that the committee must register an issue committee pursuant to section 1-45-108 (3.3) if two hundred or more petition sections are printed or accepted in connection with circulation of the petition.

(5) (a) Every state petition shall be signed only by eligible electors.

(b) Every petition for a county or school district officer shall be signed only by active registered electors who are not required to submit a copy of their identification with their mail ballot under section 1-7.5-107 (3.5).

(c) Unless physically unable, all electors shall sign their own signature and shall print their names, respective residence addresses, including the street number and name, the city or town, the county, and the date of signature. Each signature on a petition must be made, to the extent possible, using a pen. If, while verifying a signer's information against the registration records in accordance with subsection (8) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address, the designated election official may accept the signature line as valid if the designated election official is able to locate the signer's record in the statewide voter registration database and determines that the signer was eligible to sign the petition.

(d) Any person, except a circulator, may assist an elector who is physically unable to sign the petition in completing the information on the petition as required by law. On the petition immediately following the name of the elector receiving assistance, the person providing assistance shall sign, provide the person's address, and state that the assistance was given to the elector.

(6) (a) No person may circulate a recall petition unless the person is a citizen of the United States and at least eighteen years of age.

(b) A circulator who is not paid for circulating a recall petition shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.

(c) A circulator who is paid for circulating a recall petition shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.

(d) The secretary of state shall make available to recall petition circulators the training developed for petition circulators under section 1-40-112 (3). The recall committee shall inform paid and volunteer circulators of the availability of this training program as one manner of complying with the requirement in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation.

(e) To each petition section must be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section that must include the following:

(I) The circulator's printed name, the address at which the circulator resides, including the street name and number, the city or town, the county, and the date the circulator signed the affidavit;

(II) That the circulator has read and understands the laws governing the circulation of recall petitions;

(III) That the circulator was a citizen of the United States and at least eighteen years of age at the time the section of the petition was circulated;

(IV) That the circulator circulated the section of the petition;

(V) That each signature appearing on the petition was made in the circulator's presence;

(VI) That each signature on the petition is, to the best of the circulator's knowledge, the signature of the person whose name it purports to be and was made by someone eligible to sign the recall petition;

(VII) That the circulator has not paid or will not in the future pay and that the circulator believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to sign the petition;

(VIII) That the circulator understands that the circulator can be prosecuted for violating the laws governing the circulation of recall petitions; and

(IX) That the circulator understands that failing to make himself or herself available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud.

(f) A notary public shall not notarize an affidavit required by subsection (6)(e) of this section unless:

(I) The circulator is in the physical presence of the notary public; and

(II) The circulator has dated the affidavit and fully and accurately completed all of the personal information on the affidavit.

(g) As part of any court proceeding or hearing conducted by the designated election official related to a protest of all or a part of a petition section, the circulator of such petition section may be required by the designated election official, hearing officer, or court to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as provided in subsection (6)(h) of this section, the petition section that is the subject of the protest is invalid if a circulator fails to comply with the requirements set forth in this subsection (6)(g). This section only applies to a protest that includes an allegation of circulator fraud that is pled with particularity regarding:

(I) Forgery of a registered elector's signature;

(II) Circulation of a petition section, in whole or part, by anyone other than the person who signed the affidavit attached to the petition section;

(III) Use of a false circulator name or address in the affidavit; or

(IV) Payment of money or other things of value to any person for the purpose of inducing the person to sign the petition.

(h) If a designated election official, hearing officer, or court finds that the circulator of a petition section is unable to be deposed or to testify at trial or a hearing because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify, the provisions of subsection (6)(g) of this section do not apply to invalidate a petition section circulated by the circulator.

(i) The recall committee shall maintain a list of the names, addresses, and section numbers circulated for all circulators of the petition and the names and section numbers of the notaries public who notarized the petition sections. A copy of the list must be filed with the designated election official along with the petition. If a copy of the list is not filed, the designated election official shall prepare the list and charge the members of the recall committee a fee. The fee must be set at an amount that covers the cost of the preparation of the list. Once filed or prepared by the designated election official, the list is a public record for the purposes of article 72 of title 24.

(j) The designated election official shall not accept for filing any section of a petition that does not have attached to it the notarized affidavit required by this section. Any signature added to a section of a petition after the notarized affidavit has been executed is invalid.

(7) (Deleted by amendment, L. 97, p. 1062, § 5, effective May 27, 1997.)

(7.5) The petition may be filed at any time during the sixty-day period after the designated election official's approval as to form of the petition as specified in this section. The committee shall file all sections of a petition simultaneously, and any section of a petition submitted after the petition is filed is invalid and has no force or effect.

(8) (a) Promptly after the petition has been filed, the designated election official for the political subdivision shall review all petition information and verify the information against the registration records. The designated election official shall verify signatures and provide an opportunity to cure in the same manner as section 1-4-908 (1.5). The secretary of state shall establish guidelines for verifying petition entries. Within twenty-four hours after the petition is delivered, the designated election official shall notify the incumbent by mail or e-mail of the delivery. Following verification of the petition by the designated election official, the designated election official shall make a copy of the petition available to the incumbent sought to be recalled. Nothing in this section prescribes the form in which the petition must be maintained by the designated election official or prevents a designated election official from collecting fees for copies of the petition in accordance with the "Colorado Open Records Act", part 2 of article 72 of title 24.

(b) Any disassembly of a section of the petition prior to filing that has the effect of separating the affidavit from the signatures renders that section of the petition invalid and of no force and effect.

(c) (I) After review, and no later than twenty-eight days after the initial filing of the petition, the designated election official shall notify the committee and the incumbent of the number of valid signatures and whether the petition appears to be sufficient or insufficient.

(II) Repealed.

(II.5) During the review of any recall petition, the designated election official shall notify the committee of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the committee has five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the committee must provide the designated election official with a new circulator affidavit that corrects the errors of the previously submitted affidavit.

(III) If the petition is verified as insufficient, the designated election official shall provide the specific reasons for the determination to the committee by mail or e-mail. The determination may be appealed within five days by the committee in the manner provided in section 1-1-113 to the district court in the county in which the petition was filed. No person other than those on the committee has standing to appeal a determination that the petition is insufficient.

(9) (a) (I) A recall petition that has been verified by the designated election official is sufficient unless a protest in writing under oath is filed in the office of the designated election official by an eligible elector within fifteen days after the designated election official has determined the sufficiency of the petition under subsection (8)(c) of this section.

(II) The protest must set forth specific grounds for the protest. Grounds include failure of any portion of a petition or circulator affidavit to meet the requirements of this article 12 or any conduct on the part of petition circulators that substantially misleads persons signing the petition. The designated election official shall mail and e-mail a copy of the protest to the committee, together with a notice fixing a time for hearing the protest not less than five nor more than ten days after the notice is mailed and e-mailed.

(III) Every hearing shall be heard before the designated election official with whom the protest is filed or a designee of the designated election official appointed as the hearing officer. The testimony in every hearing must be under oath. The hearing must be summary and not subject to delay and must be concluded within thirty days after the protest is filed with the designated election official, and the result shall be certified to the committee.

(b) The party filing a protest has the burden of sustaining the protest by a preponderance of the evidence. 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 in the county in which the petition was filed. 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.

(c) Repealed.

(d) (I) At any time before the designated election official submits a certificate of sufficiency pursuant to section 1-12-111, any signer may request that his or her name be stricken from the petition by filing with the designated election official a written request that his or her signature be stricken. If the request is delivered to the designated election official through the United States mail, it is deemed delivered to the designated election official on the date shown by the cancellation mark on the envelope containing the request received by the member of the committee or the designated election official. If the request is submitted to the designated election official by e-mail, it is deemed delivered on the date and time it is shown to be sent. If the request is delivered to the designated election official in any other manner, it is deemed delivered to the designated election official on the date of delivery and stamped receipt by the designated election official.

(II) If a written request is delivered before the designated election official notifies the committee of the number of valid signatures on a petition in accordance with subsection (8)(c)(I) of this section, the election official shall strike the signature of the signer who filed the request. If the written request is delivered before the petition is filed, the election official shall strike the signature of the signer who filed the request promptly upon the filing of the petition.

(III) If a written request is delivered after the designated election official notifies the committee of the number of valid signatures but before the date a protest is filed in accordance with subsection (9)(a) of this section or the date the designated election official submits the certificate of sufficiency in accordance with section 1-12-111, the designated election official shall strike the signature of the signer who filed the request. If striking a signature in accordance with this subsection (9)(d)(III) changes the determination of sufficiency, the designated election official shall notify the committee and the incumbent that the petition is verified insufficient as of the date the signature is struck. The determination of insufficiency may be appealed in accordance with subsection (8)(c)(III) of this section.

(IV) If a written request is delivered after the date a protest is filed in accordance with subsection (9)(a) of this section, the designated election official shall strike the signature as part of the protest proceedings.

(V) If a signer submits a written request to strike the signer's signature from the petition to any member of the committee at any time before the designated election official submits the certificate of sufficiency pursuant to section 1-12-111, the member of the committee shall immediately provide the request to the designated election official. The request is deemed delivered to the designated election official on the day that the member of the committee received it. A member of the committee who fails to comply with this subsection (9)(d)(V) commits a misdemeanor punishable in accordance with section 1-13-111.

(10) Any person who willfully destroys, defaces, mutilates, or suppresses a petition, or who willfully neglects to file or delays delivery of a petition, or who conceals or removes a petition from the possession of the person authorized by law to have custody of it, or who aids, counsels, procures, or assists any person in doing any of the above acts upon conviction shall be punished as provided in section 1-13-111.
C.R.S. § 1-13-109 — CO Code / Title 1 / Article 13 / Part 1 / Section 1-13-109
1-13-109. False or reckless statements relating to candidates or questions submitted to el
Status: in_force

1-13-109. False or reckless statements relating to candidates or questions submitted to electors - penalties - definitions. (1) (a) No person shall knowingly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office.

(b) Any person who violates any provision of subsection (1)(a) of this section upon conviction shall be punished as provided in section 1-13-111.

(2) (a) No person shall recklessly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. Notwithstanding any other provision of law, for purposes of this subsection (2), a person acts "recklessly" when he or she acts in conscious disregard of the truth or falsity of the statement made, published, broadcasted, or circulated.

(b) Any person who violates any provision of paragraph (a) of this subsection (2) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

(3) For purposes of this section, "person" means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a group organized under section 527 of the internal revenue code.
C.R.S. § 1-12-119 — CO Code / Title 1 / Article 12 / Part 1 / Section 1-12-119
1-12-119. Canvass of votes - notification of results
Status: in_force

1-12-119. Canvass of votes - notification of results. (1) For the recall of a partisan officer, the canvass board shall be composed of one representative from each major political party and the county clerk and recorder.

(2) For the recall of a nonpartisan officer, the canvass board shall be composed of the designated election official, one member of the governing body, and one eligible elector of the political subdivision.

(3) The canvass board shall complete and certify the abstract of votes in accordance with article 10 of this title.

(4) If the majority of those voting on the recall question voted "yes", upon receipt of the certified abstract of votes cast, the designated election official shall issue a certificate of election to the successor candidate who received the highest number of votes. A copy of the certificate shall be transmitted by the secretary of state to the appropriate house of the general assembly for recall elections concerning the general assembly and to the governor for the recall of all other elections of state officers. For all other recall elections, a copy of the certificate shall be transmitted to the governing body of the political subdivision. The candidate who received the highest number of votes shall be sworn in and shall assume the duties of the office upon certification of the election results.

(5) If less than a majority of those voting on the recall question voted "yes", upon receipt of the certified abstract of votes cast, the designated election official shall notify in writing the incumbent, each candidate for the office, the committee, and the governing body of the incumbent.
C.R.S. § 1-7.5-114.5 — CO Code / Title 1 / Article 7.5 / Part 1 / Section 1-7.5-114.5
1-7.5-114.5. Replacement ballots - ballots for new electors - ballots for electors who update
Status: in_force

1-7.5-114.5. Replacement ballots - ballots for new electors - ballots for electors who updated their records. (1) An eligible elector may obtain a replacement ballot if the ballot that was originally mailed to the elector was destroyed, spoiled, lost, or for some other reason not received by the elector. To obtain a replacement ballot by mail, the elector shall make a request to the county clerk and recorder for a replacement ballot no later than the eighth day before an election. The county clerk shall not mail a replacement ballot to the elector making the request if the clerk has already received a ballot for that election from the elector making the request.

(2) (a) Commencing on the fifteenth day before the election, the county clerk and recorder shall deliver any ballot that must be sent by mail to the United States postal service within two business days after processing a registration application or an update to a voter registration record that requires a new ballot to be sent to an elector.

(b) Commencing on the eleventh day before the election, the county clerk and recorder shall mail all mail ballots to electors by first-class mail.

(c) Commencing on the eighth day before an election, the county clerk and recorder shall deliver to the United States postal service any ballot that must be sent by mail within two business days after receiving a registration application or an update to a voter registration record that results in the issuance of an original or a replacement mail ballot to an elector.

(d) Any county clerk who receives information from the United States postal service or any other third party indicating that ballots have been lost, stolen, or will, for any reason, not be timely delivered to electors, shall report the issue to the secretary of state.
C.R.S. § 1-2-501 — CO Code / Title 1 / Article 2 / Part 5 / Section 1-2-501
1-2-501. Form for mail and agency registration - procedures for registration by mail for
Status: repealed

1-2-501. Form for mail and agency registration - procedures for registration by mail for first-time electors - additional identifying information to be provided by first-time registrants. (1) The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed must:

(a) Require only such identifying information, including the signature of the applicant and other information such as data relating to previous registration by the applicant, as is necessary to enable the appropriate county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(b) Include a statement that:

(I) Specifies each eligibility requirement, including citizenship;

(II) Contains an affirmation that the applicant meets each requirement; and

(III) Requires the signature of the applicant, under penalty of perjury;

(b.5) (I) Include:

(A) The question: "Are you a citizen of the United States of America?" and boxes for the applicant to indicate whether the applicant is or is not a citizen of the United States;

(B) The question "Will you be eighteen years of age on or before election day?" and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day;

(C) The statement "If you checked 'no' in response to either of these questions, do not complete this form."; and

(D) A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), the applicant's driver's license number, or the last four digits of the applicant's social security number, otherwise the applicant will be required to submit a copy of identification with the applicant's mail ballot or absentee ballot.

(II) If an applicant for registration fails on the mail registration form to answer the question specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b.5), the state or local election official shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office.

(c) Not include any requirement for notarization or other formal authentication; and

(d) Include, in print that is identical to that used in the affirmation portion of the application:

(I) A statement of the penalties provided by law for submission of a false voter registration application;

(II) A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(III) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.

(e) Repealed.

(1.5) Repealed.

(2) (a) Subject to the requirements of paragraph (b) of this subsection (2), in addition to the identifying information required to be provided by the elector pursuant to subsection (1) of this section, a person who applies to register by mail in accordance with this part 5 shall submit with the registration application:

(I) In the case of an elector who has been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the number of the elector's Colorado driver's license or identification card; or

(II) In the case of an elector who has not been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the last four digits of the person's social security number.

(a.5) If an applicant has not been issued a current and valid Colorado driver's license, has not been issued a current and valid identification card by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., and does not have a social security number, the secretary of state shall assign the applicant a number for voter registration purposes in accordance with section 1-2-204 (2.5).

(b) Notwithstanding any other provision of law, a Colorado driver's license number, the number of an identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or the last four digits of the person's social security number shall only be received in satisfaction of the requirements of this subsection (2) where the state or local election official matches the number of the driver's license or identification card or the person's social security number submitted under paragraph (a) of this subsection (2) with an existing state identification record bearing the same number, name, and date of birth as provided in such registration information.

(c) If the elector does not comply with the requirements of this subsection (2), the county clerk and recorder shall not register the elector.
C.R.S. § 1-5-405 — CO Code / Title 1 / Article 5 / Part 4 / Section 1-5-405
1-5-405. Arrangement of names on voting machines - testing of machines - repeal
Status: repealed

1-5-405. Arrangement of names on voting machines - testing of machines - repeal. (Repealed)
C.R.S. § 1-11-203.5 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-203.5
1-11-203.5. Contests concerning ballot order or ballot title - ballot issue or ballot questi
Status: in_force

1-11-203.5. Contests concerning ballot order or ballot title - ballot issue or ballot question elections. (1) Except for petitions for rehearing pursuant to section 1-40-107, all election contests arising out of a ballot issue or ballot question election concerning the order on the ballot or the form or content of any ballot title shall be summarily adjudicated by the district court sitting for the political subdivision within which the contest arises prior to the election. Except as otherwise provided in this section, the style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs shall be according to the rules and practice of the district court. The court that first acquires jurisdiction of any contest shall have exclusive jurisdiction. Before the district court is required to take jurisdiction of the contest, the contestor shall file with the clerk of the court a bond, with sureties, running to the contestee and conditioned to pay all costs, including attorneys fees, in case of failure to maintain the contest. The judge shall determine the sufficiency of the bond and, if sufficient, approve it.

(2) Every such contest shall be commenced by verified petition filed by the contestor to the proper court, setting forth the grounds for the contest and a proposed alternative order for the ballot or alternative form or content for the contested ballot title. The contestee shall be the state in the case of a statewide ballot issue or statewide ballot question or the political subdivision that proposed to place the contested ballot issue or ballot question on the ballot, as applicable, and the petition representative of an initiated measure. The petition shall be filed and a copy served on the contestee within five days after the title of the ballot issue or ballot question is set by the state or political subdivision and for contests concerning the order of a ballot, within five days after the ballot order is set by the county clerk and recorder and not thereafter. The designated election official or other authorized official, on behalf of the contestee and the proponent of an initiated measure, shall answer under oath within five days after service. Upon the expiration of the time for the answer, and following at least twenty-four hours advance notice of the date, time, and place of the adjudication given by the clerk of the court by letter, telephone, or fax to the contestor and contestee, the court having jurisdiction of the contest shall immediately set the matter for trial on the merits and shall adjudicate it within ten days of the date of filing of the answer by the contestee or expiration of the time for the answer.

(3) If the court finds that the order of the ballot or the form or content of the ballot title does not conform to the requirements of the state constitution and statutes, the court shall provide in its order the text of the corrected ballot title or the corrected order of the measures to be placed upon the ballot and shall award costs and reasonable attorneys fees to the contestor. If the court finds that the order of the ballot and the form and content of the ballot title conform to the requirements of the state constitution and statutes and further finds that the suit was frivolous as provided in article 17 of title 13, C.R.S., the court shall provide in its order an award of costs and reasonable attorneys fees to the contestee state or political subdivision and to the proponent of an initiated measure.

(4) Following entry of the order of the district court pursuant to this section, the ballot title shall be certified by the state or political subdivision to the county clerk and recorder, to be voted upon at the election as so certified unless the election on the ballot issue or ballot question is canceled in the manner provided by law. Notwithstanding any other provision of law, any appeal from an order of the district court entered pursuant to this section shall be taken directly to the supreme court, which shall decide the appeal as expeditiously as practicable.

(5) The procedure provided in this section shall be the exclusive procedure to contest or otherwise challenge the order of the ballot or the form or content of the ballot title.

(6) This section shall not apply to a ballot title for a statewide ballot issue or statewide ballot question that is set by a title setting board or court as provided by law.
C.R.S. § 1-6-121 — CO Code / Title 1 / Article 6 / Section 1-6-121
1-6-121. Election judge vacancies
Status: repealed

1-6-121. Election judge vacancies. (Repealed)
C.R.S. § 1-4-1006 — CO Code / Title 1 / Article 4 / Part 10 / Section 1-4-1006
1-4-1006. Vacancies in major party nomination occurring from the day after the earliest da
Status: in_force

1-4-1006. Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day. (1) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person nominated at the primary election.

(2) A vacancy occurring from the day after the earliest day to mail general election ballots through general election day must be filled in accordance with part 2 of article 12 of this code.
C.R.S. § 1-4-1003 — CO Code / Title 1 / Article 4 / Part 10 / Section 1-4-1003
1-4-1003. Vacancies in major party designation occurring between the sixty-seventh day bef
Status: repealed

1-4-1003. Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots. (1) (a) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination.

(b) Repealed.

(2) A vacancy in a party nomination occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots pursuant to section 1-7.5-107 may be filled by the respective party assembly vacancy committee of the appropriate district, county, or state. The party assembly vacancy committee must be appointed by the party in accordance with party rules.

(3) (a) No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.

(b) (I) No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.

(II) The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.

(III) No member of the vacancy committee may vote by proxy.

(IV) If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state.

(c) (I) The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable.

(II) For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.

(d) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.

(e) If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating that he or she does not intend to fill the vacancy.

(4) (a) When a vacancy in a party designation is filled pursuant to this section prior to the ballots being printed, the designated election official shall cause the name of the replacement candidate to be printed on the ballot.

(b) When a vacancy in a party designation is filled pursuant to this section after the ballots are printed:

(I) The designated election official shall:

(A) Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and

(B) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and

(II) Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate.

(5) Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies.
C.R.S. § 1-5-507 — CO Code / Title 1 / Article 5 / Part 5 / Section 1-5-507
1-5-507. County clerk and recorder to give estimate
Status: in_force

1-5-507. County clerk and recorder to give estimate. In any election called by a nonpartisan governing body where the county clerk and recorder will have responsibilities for the election, the county clerk and recorder shall give to the governing body estimates of the costs for conducting a coordinated election or a mail ballot election so that the governing body may choose the appropriate method of election.
C.R.S. § 1-9-204 — CO Code / Title 1 / Article 9 / Part 2 / Section 1-9-204
1-9-204. Oath of challenged elector
Status: repealed

1-9-204. Oath of challenged elector. (Repealed)
C.R.S. § 1-40-133 — CO Code / Title 1 / Article 40 / Section 1-40-133
1-40-133. Retention of petitions
Status: in_force

1-40-133. Retention of petitions. After a period of three years from the time of submission of the petitions to the secretary of state, if it is determined that the retention of the petitions is no longer necessary, the secretary of state may destroy the petitions.
C.R.S. § 1-7.5-106.5 — CO Code / Title 1 / Article 7.5 / Part 1 / Section 1-7.5-106.5
1-7.5-106.5. Registration record - list of mail ballots
Status: in_force

1-7.5-106.5. Registration record - list of mail ballots. (1) Before any mail ballot is delivered or mailed or before any eligible elector is permitted to cast a vote at an election where the county clerk and recorder is the designated election official, the designated election official shall record the date the ballot is delivered or mailed in the statewide voter registration database.

(2) For nonpartisan elections coordinated by the county clerk and recorder, voters shall be recorded in the statewide voter registration database.

(3) The county clerk and recorder or designated election official shall record in the statewide voter registration system created in section 1-2-301 (1) the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the county clerk and recorder shall record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules.
C.R.S. § 1-13.5-902 — CO Code / Title 1 / Article 13.5 / Part 9 / Section 1-13.5-902
1-13.5-902. Ballots and sample ballots - delivery - format
Status: in_force

1-13.5-902. Ballots and sample ballots - delivery - format. (1) (a) The designated election official of each local government using paper ballots shall provide printed ballots for the local government election. The official ballots shall be printed and in the possession of the designated election official at least thirty days before the election.

(b) In addition to the requirements of paragraph (a) of this subsection (1), sample ballots must be printed in the form of the official ballots and are subject to public inspection. The sample ballots must be printed upon paper of a different color from the official ballots. Sample ballots must be delivered to the election judges and posted with the instruction cards provided under section 1-13.5-906.

(2) Every ballot must contain the names of all duly nominated candidates for the offices to be voted for at that election, except those who have died or withdrawn, and the ballot must contain no other names. The names of the candidates for each office must be printed on the ballot without political party designation and without any title or degree designating the business or profession of the candidate. The names must be arranged by lot by the designated election official at any time prior to the certification of the ballot. The designated election official shall notify the candidates of the time and place of the lot drawing.

(3) The ballots must be printed so as to give to each eligible elector a clear opportunity to designate his or her choice of candidates, ballot issues, and ballot questions by a mark as instructed. Words may be printed on the ballot that will aid the elector, such as "vote for not more than one".

(4) At the end of the list of candidates for each different office, there must be one or more blank spaces in which the elector may write the name of any eligible person not printed on the ballot who has filed an affidavit of intent to be a write-in candidate pursuant to section 1-13.5-305. The number of spaces provided shall be the lesser of the number of eligible electors who have properly filed an affidavit of intent to be a write-in candidate or the number of persons to be elected to the office. No such blank spaces shall be provided if no eligible person properly filed an affidavit of intent to be a write-in candidate.

(5) The names of the candidates for each office must be arranged under the designation of the office. The designated election official shall not print, in connection with any name, any title or degree designating the business or profession of the candidate. Each candidate's name may include one nickname if the candidate regularly uses the nickname and the nickname does not include any part of a political party name.

(6) If no candidate is duly nominated and no person properly files an affidavit of intent to be a write-in candidate for an office, the following text must appear under the designation of the office: "There are no candidates for this office".

(7) (a) Whenever the approval of a ballot issue or ballot question is submitted to the vote of the people, the ballot issue or question must be printed on the ballot following the lists of candidates. Ballot issues and ballot questions must be listed in the following order, as applicable: Issues to increase taxes, issues to increase debt, citizen petitions, and other referred measures.

(b) The ballot issue or question must be identified by the name of the local government submitting the ballot issue or question followed by a letter.

(8) (a) The extreme top part of each ballot must be divided by two perforated or dotted lines into two spaces, each of which must be not less than one inch in width, the top portion being known as the stub and the next portion as the duplicate stub. Upon each of said stubs nothing is to be printed except the number of the ballot, and the same number must be printed on both stubs. Stubs and duplicate stubs of ballots must both be numbered consecutively. There must be printed on the stub of an absentee ballot "Absentee Ballot Number [...]", and such stubs must be numbered consecutively beginning with number one. All ballots must be uniform and of sufficient length and width to allow for the names of candidates and the proposed questions to be printed in clear, plain type with a space of at least one-half inch between the different columns on said ballot. On each ballot must be printed the endorsement "official ballot for . . .", and after the word "for" must follow the designation of the local government for which the ballot is prepared, the date of the election, and a facsimile of the signature of the designated election official. The ballot shall not contain any caption or other endorsement or number. Each designated election official shall use precisely the same quality and tint of paper, the same kind of type, and the same quality and tint of plain black ink for all ballots furnished by the designated election official at one election.

(b) A duplicate stub is not required for a ballot that is prepared for an independent mail ballot election pursuant to part 11 of this article.
C.R.S. § 1-40-116 — CO Code / Title 1 / Article 40 / Section 1-40-116
1-40-116. Validation - ballot issues - random sampling - rules
Status: in_force

1-40-116. Validation - ballot issues - random sampling - rules. (1) For ballot issues, each section of a petition to which there is attached an affidavit of the registered elector who circulated the petition that each signature thereon is the signature of the person whose name it purports to be and that to the best of the knowledge and belief of the affiant each of the persons signing the petition was at the time of signing a registered elector shall be prima facie evidence that the signatures are genuine and true, that the petitions were circulated in accordance with the provisions of this article, and that the form of the petition is in accordance with this article.

(2) Upon submission of the petition, the secretary of state shall examine each name and signature on the petition. The petition shall not be available to the public for a period of no more than thirty calendar days for the examination. The secretary shall assure that the information required by sections 1-40-110 and 1-40-111 is complete, that the information on each signature line was written by the person making the signature, and that no signatures have been added to any sections of the petition after the affidavit required by section 1-40-111 (2) has been executed.

(3) No signature shall be counted unless the signer is a registered elector and eligible to vote on the measure. A person shall be deemed a registered elector if the person's name and address appear on the master voting list kept by the secretary of state at the time of signing the section of the petition. In addition, the secretary of state shall not count the signature of any person whose information is not complete or was not completed by the elector or a person qualified to assist the elector. The secretary of state may adopt rules consistent with this subsection (3) for the examination and verification of signatures.

(4) (a) The secretary of state shall examine the signatures on the petition by use of random sampling. The random sample of signatures to be examined must be drawn so that every signature filed with the secretary of state is given an equal opportunity to be included in the sample. The secretary of state is authorized to engage in rule-making to establish the appropriate methodology for conducting such random sample.

(b) (I) The random sampling to validate signatures on a petition proposing an initiated law must include an examination of no less than five percent of the signatures, but in no event fewer than four thousand signatures. If the random sample examination establishes that the number of valid signatures is ninety percent or less of the number of registered eligible electors needed to find the petition sufficient, the secretary of state shall deem the petition to be not sufficient. If the random sample establishes that the number of valid signatures totals one hundred ten percent or more of the number of required signatures of registered eligible electors, the secretary of state shall deem the petition sufficient. If the random sample shows the number of valid signatures to be more than ninety percent but less than one hundred ten percent of the number of signatures of registered eligible electors needed to declare the petition sufficient, the secretary of state shall order the examination and validation of each signature filed.

(II) The random sampling to validate signatures on a petition proposing an amendment to the state constitution must include an examination of no fewer than five percent of the signatures, but in no event less than four thousand signatures. If the random sample establishes that the number of valid signatures is ninety percent or less of the number of registered electors required by section 1 (2) of article V of the state constitution to find the petition sufficient, the secretary of state shall deem the petition to be not sufficient. If the random sample shows the number of valid signatures to be more than ninety percent of the number of registered electors required by section 1 (2) of article V of the state constitution to declare the petition sufficient, the secretary of state shall order the examination of each signature filed.
C.R.S. § 1-11-216.5 — CO Code / Title 1 / Article 11 / Part 2 / Section 1-11-216.5
1-11-216.5. Judgment in election contests - creation of financial obligation
Status: in_force

1-11-216.5. Judgment in election contests - creation of financial obligation. The district court shall pronounce judgment on whether the approval of a ballot issue to create any debt or other financial obligation should be set aside based on the grounds set forth in section 1-11-201 (4).
C.R.S. § 1-4-203 — CO Code / Title 1 / Article 4 / Part 2 / Section 1-4-203
1-4-203. Representatives in congress
Status: in_force

1-4-203. Representatives in congress. At every general election, the number of representatives in congress to which the state is entitled shall be elected.
C.R.S. § 1-5-204 — CO Code / Title 1 / Article 5 / Part 2 / Section 1-5-204
1-5-204. Call for nominations for nonpartisan elections
Status: repealed

1-5-204. Call for nominations for nonpartisan elections. (Repealed)
C.R.S. § 1-40-124.5 — CO Code / Title 1 / Article 40 / Section 1-40-124.5
1-40-124.5. Ballot information booklet
Status: repealed

1-40-124.5. Ballot information booklet. (1) (a) The director of research of the legislative council of the general assembly shall prepare a ballot information booklet for any initiated or referred constitutional amendment or legislation, including a question, as defined in section 1-41-102 (3), in accordance with section 1 (7.5) of article V of the state constitution.

(b) The director of research of the legislative council of the general assembly shall prepare a fiscal impact statement for every initiated or referred measure, taking into consideration fiscal impact information submitted by the office of state planning and budgeting, the department of local affairs or any other state agency, and any proponent or other interested person. The fiscal impact statement prepared for every measure shall be substantially similar in form and content to the fiscal notes provided by the legislative council of the general assembly for legislative measures pursuant to section 2-2-322. A complete copy of the fiscal impact statement for such measure shall be available through the legislative council of the general assembly. The ballot information booklet shall indicate whether there is a fiscal impact for each initiated or referred measure and shall abstract the fiscal impact statement for such measure. The abstract for every measure shall appear after the arguments for and against such measure in the analysis section of the ballot information booklet, and shall include, but shall not be limited to:

(I) An estimate of the effect the measure will have on state and local government revenues, expenditures, taxes, and fiscal liabilities if such measure is enacted;

(II) An estimate of the amount of any state and local government recurring expenditures or fiscal liabilities if such measure is enacted;

(III) For any initiated or referred measure that modifies the state tax laws, if the measure would either increase or decrease individual income tax revenue or state sales tax revenue, a table that shows the number of tax filers in each income category, the total change in the amount of tax owed for each income category, and the average change in the amount of tax owed for each filer within each income category. If the change in the amount of tax owed shown in the table is an increase, the change must be expressed as a dollar amount preceded by a plus sign. If the change in the amount of tax owed shown in the table is a decrease, the change must be expressed as a dollar amount preceded by a negative sign. The table must use the following income categories:

(A) Federal adjusted gross income of fourteen thousand nine hundred ninety-nine dollars or less;

(B) Federal adjusted gross income greater than or equal to fifteen thousand dollars and less than thirty thousand dollars;

(C) Federal adjusted gross income greater than or equal to thirty thousand dollars and less than forty thousand dollars;

(D) Federal adjusted gross income greater than or equal to forty thousand dollars and less than fifty thousand dollars;

(E) Federal adjusted gross income greater than or equal to fifty thousand dollars and less than seventy thousand dollars;

(F) Federal adjusted gross income greater than or equal to seventy thousand dollars and less than one hundred thousand dollars;

(G) Federal adjusted gross income greater than or equal to one hundred thousand dollars and less than one hundred fifty thousand dollars;

(H) Federal adjusted gross income greater than or equal to one hundred fifty thousand dollars and less than two hundred thousand dollars;

(I) Federal adjusted gross income greater than or equal to two hundred thousand dollars and less than two hundred fifty thousand dollars;

(J) Federal adjusted gross income greater than or equal to two hundred fifty thousand dollars and less than five hundred thousand dollars;

(K) Federal adjusted gross income greater than or equal to five hundred thousand dollars and less than one million dollars; and

(L) Federal adjusted gross income greater than or equal to one million dollars; and

(IV) If the measure contains a proposed tax change, as defined in section 1-40-106 (3)(i)(II), that reduces state tax revenue, a description of the three largest areas of program expenditure, as defined in section 1-40-106 (3)(i)(I).

(c) Repealed.

(d) The director of research of the legislative council of the general assembly may update the initial fiscal impact statement prepared in accordance with section 1-40-105.5 when preparing the fiscal impact statement required by this subsection (1).

(1.5) The executive committee of the legislative council of the general assembly shall be responsible for providing the fiscal information on any ballot issue that must be included in the ballot information booklet pursuant to section 1 (7.5)(c) of article V of the state constitution.

(1.7) (a) After receiving written comments from the public in accordance with section 1 (7.5)(a)(II) of article V of the state constitution, but before the draft of the ballot information booklet is finalized, the director of research of the legislative council of the general assembly shall conduct a public meeting at which the director and other members of the legislative staff have the opportunity to ask questions that arise in response to the written comments. The director may modify the draft of the booklet in response to comments made at the hearing. The legislative council may modify the draft of the booklet upon the two-thirds affirmative vote of the members of the legislative council.

(b) (I) Each person submitting written comments in accordance with section 1 (7.5)(a)(II) of article V of the state constitution shall provide his or her name and the name of any organization the person represents or is affiliated with for purposes of making the comments.

(II) The arguments for and against each measure in the analysis section of the ballot information booklet shall be preceded by the phrase: "For information on those issue committees that support or oppose the measures on the ballot at the (date and year) election, go to the Colorado secretary of state's elections center website hyperlink for ballot and initiative information (appropriate secretary of state website address).".

(2) Following completion of the ballot information booklet, the director of research shall arrange for its distribution to every residence of one or more active registered electors in the state. Distribution may be accomplished by such means as the director of research deems appropriate to comply with section 1 (7.5) of article V of the state constitution, including, but not limited to, mailing the ballot information booklet to electors and insertion of the ballot information booklet in newspapers of general circulation in the state. The distribution shall be performed pursuant to a contract or contracts bid and entered into after employing standard competitive bidding practices including, but not limited to, the use of requests for information, requests for proposals, or any other standard vendor selection practices determined to be best suited to selecting an appropriate means of distribution and an appropriate contractor or contractors. The executive director of the department of personnel shall provide such technical advice and assistance regarding bidding procedures as deemed necessary by the director of research.

(3) (a) There is hereby established in the state treasury the ballot information publication and distribution revolving fund. Except as otherwise provided in paragraph (b) of this subsection (3), moneys shall be appropriated to the fund each year by the general assembly in the annual general appropriation act. All interest earned on the investment of moneys in the fund shall be credited to the fund. Moneys in the revolving fund are continuously appropriated to the legislative council of the general assembly to pay the costs of publishing the text and title of each constitutional amendment, each initiated or referred measure, or part of a measure, and 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), in at least one legal publication of general circulation in each county of the state, as required by section 1-40-124, and the costs of distributing the ballot information booklet, as required by subsection (2) of this section. Any moneys credited to the revolving fund and unexpended at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund.

(b) Notwithstanding any law to the contrary, any moneys appropriated from the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2007, that are unexpended or not encumbered as of the close of the fiscal year shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3); except that the amount so transferred shall not exceed five hundred thousand dollars.

(c) Notwithstanding any law to the contrary, any moneys appropriated from the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2008, that are unexpended or not encumbered as of the close of the fiscal year shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3).

(d) Notwithstanding any law to the contrary, any moneys appropriated from the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2009, that are unexpended or not encumbered as of the close of the fiscal year and that are in excess of the amount of one million forty-two thousand dollars shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3); except that the amount so transferred shall not exceed one million one hundred twenty-nine thousand six hundred seven dollars.

(e) Notwithstanding any provision of this subsection (3) to the contrary, on August 11, 2010, the state treasurer shall deduct one million one hundred twenty-nine thousand six hundred seven dollars from the ballot information publication and distribution revolving fund and transfer such sum to the redistricting account within the legislative department cash fund.
C.R.S. § 1-40-122 — CO Code / Title 1 / Article 40 / Section 1-40-122
1-40-122. Certification of ballot titles
Status: repealed

1-40-122. Certification of ballot titles. (1) The secretary of state, at the time the secretary of state certifies to the county clerk and recorder of each county the names of the candidates for state and district offices for general election, shall also certify to them the ballot titles and numbers of each initiated and referred measure filed in the office of the secretary of state to be voted upon at such election.

(2) Repealed.
C.R.S. § 1-2-602 — CO Code / Title 1 / Article 2 / Part 6 / Section 1-2-602
1-2-602. Deceased electors
Status: in_force

1-2-602. Deceased electors. (1) As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteen years of age or older who have died during the previous month. To the extent possible, persons on the report shall be identified by name, county of residence, date of birth, and social security number.

(2) The secretary of state shall forward to each county clerk and recorder monthly the information received from the state registrar of vital statistics concerning persons registered to vote in the county who have died.

(3) The county clerk and recorder shall cancel the registration of any elector who is deceased and of whose death the county clerk and recorder has received notice pursuant to subsection (2) of this section.

(3.5) The secretary of state may by electronic means cancel the registration of any elector who is deceased and of whose death the secretary has received notice pursuant to subsection (1) of this section.

(4) The county clerk and recorder shall cancel the registration of any elector who is deceased when the county clerk and recorder receives written notice of the fact. The written notice shall be signed by a family member of the deceased. If the county clerk and recorder has sufficient proof that an elector is deceased, cancellation may be made without such written notice.
C.R.S. § 1-8.5-102 — CO Code / Title 1 / Article 8.5 / Section 1-8.5-102
1-8.5-102. Form of provisional ballot
Status: in_force

1-8.5-102. Form of provisional ballot. (1) A provisional ballot shall contain text clearly identifying it as a provisional ballot.

(2) An elector casting a provisional ballot shall complete an affidavit and receive information and instructions on the voting and handling of provisional ballots. The secretary of state shall prescribe by rules promulgated in accordance with article 4 of title 24, C.R.S., the language of the affidavit, information, and instructions.

(3) Each polling location using paper provisional ballots must have on hand a sufficient number of provisional ballots in all ballot styles applicable to that polling location and a sufficient number of provisional ballot envelopes.
C.R.S. § 1-4-502 — CO Code / Title 1 / Article 4 / Part 5 / Section 1-4-502
1-4-502. Methods of nomination for partisan candidates
Status: in_force

1-4-502. Methods of nomination for partisan candidates. (1) Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the general election may be made by primary election under section 1-4-101 or by assembly or convention under section 1-4-702 by major political parties, by petition for nomination as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304.

(2) Nominations for presidential electors to be elected at the general election and for candidates to fill vacancies to unexpired terms of representatives in congress to be elected at a congressional vacancy election may be made by a convention of a political party, or by a committee authorized by the convention, or by petition for nomination of an unaffiliated candidate as provided in parts 8 and 9 of this article.

(3) For general elections:

(a) The nomination of a major political party for lieutenant governor shall be made by the party's candidate for governor. No later than seven days after the official statewide election results for the primary election are certified pursuant to section 1-10-105 (1), the party's candidate for governor shall select a candidate for lieutenant governor and shall file a written nomination of the candidate with the secretary of state. Other nominations for the office of lieutenant governor may be made by petition for nomination of an unaffiliated candidate as provided in section 1-4-802 or by a minor political party as provided in section 1-4-1304 (2).

(b) No person shall be eligible for a major political party nomination for lieutenant governor unless such person is a registered elector and has been affiliated with the major political party making the nomination, as shown in the record books of the county clerk and recorder, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.

(c) Any person nominated as the candidate for lieutenant governor of a major political party pursuant to subsection (3)(a) of this section shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within thirty days after the nomination. If an acceptance is not filed within the required time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.
C.R.S. § 1-1-115 — CO Code / Title 1 / Article 1 / Part 1 / Section 1-1-115
1-1-115. Colorado voter access and modernized elections commission - creation - compositi
Status: repealed

1-1-115. Colorado voter access and modernized elections commission - creation - composition - terms - duties - report - definition - repeal. (Repealed)
C.R.S. § 1-2-605 — CO Code / Title 1 / Article 2 / Part 6 / Section 1-2-605
1-2-605. Canceling registration - procedures
Status: repealed

1-2-605. Canceling registration - procedures. (1) (a) Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address.

(b) (I) Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and mail the elector a confirmation card.

(II) If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card.

(c) If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record.

(2) Repealed.

(3) Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.

(4) A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if:

(a) The elector updates his or her registration information; or

(b) The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or

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

(d) The elector completes, signs, and returns a confirmation card or change of address card.

(5) If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive".

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

(7) If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote.

(8) No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.

(9) to (11) (Deleted by amendment, L. 2013.)
C.R.S. § 1-13-702 — CO Code / Title 1 / Article 13 / Part 7 / Section 1-13-702
1-13-702. Interfering with watcher
Status: in_force

1-13-702. Interfering with watcher. Any person who intentionally interferes with any watcher while the watcher is discharging the watcher's duties set forth in section 1-7-108 (3) upon conviction shall be punished as provided in section 1-13-111.
C.R.S. § 1-45-103 — CO Code / Title 1 / Article 45 / Section 1-45-103
1-45-103. Definitions
Status: in_force

1-45-103. Definitions. As used in this article 45, unless the context otherwise requires:

(1) "Appropriate officer" shall have the same meaning as set forth in section 2 (1) of article XXVIII of the state constitution.

(1.3) "Ballot issue" shall have the same meaning as set forth in section 1-1-104 (2.3); except that, for purposes of section 1-45-117, "ballot issue" shall mean both a ballot issue as defined in this subsection (1.3) and a ballot question.

(1.5) "Ballot question" shall have the same meaning as set forth in section 1-1-104 (2.7).

(2) "Candidate" shall have the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution.

(3) "Candidate committee" shall have the same meaning as set forth in section 2 (3) of article XXVIII of the state constitution.

(4) "Candidate committee account" shall mean the account established by a candidate committee with a financial institution pursuant to section 3 (9) of article XXVIII of the state constitution.

(5) "Conduit" shall have the same meaning as set forth in section 2 (4) of article XXVIII of the state constitution.

(6) (a) "Contribution" shall have the same meaning as set forth in section 2 (5) of article XXVIII of the state constitution.

(b) "Contribution" includes, with regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services, or participation in a campaign-related event, an amount equal to the value in excess of such compensation or consideration as determined by the candidate committee.

(c) "Contribution" also includes:

(I) Any payment, loan, pledge, gift, advance of money, or guarantee of a loan made to any political organization;

(II) Any payment made to a third party on behalf of and with the knowledge of the political organization; or

(III) The fair market value of any gift or loan of property made to any political organization.

(d) "Contribution" does not include the payment of legal fees to advise a candidate on compliance with campaign laws or regulations or to represent a candidate or candidate committee in any action in which the candidate or committee has been named as a defendant. Such legal services are not undertaken "for the benefit of any candidate committee" or "for the purpose of promoting the candidate's nomination, retention, recall, or election" as those phrases are used in section 2 (5)(a)(II) and (5)(a)(IV) of article XXVIII of the state constitution.

(e) "Contribution" does not include an intervention by the secretary of state, as authorized by section 1-45-111.5 (1.5)(g), in any action brought to enforce the provisions of article XXVIII of the state constitution or this article 45.

(7) "Corporation" means a domestic corporation incorporated under and subject to the "Colorado Business Corporation Act", articles 101 to 117 of title 7, C.R.S., a domestic nonprofit corporation incorporated under and subject to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., or any corporation incorporated under and subject to the laws of another state. For purposes of this article, "domestic corporation" shall mean a for-profit or nonprofit corporation incorporated under and subject to the laws of this state, and "nondomestic corporation" shall mean a corporation incorporated under and subject to the laws of another state or foreign country. For purposes of this article, "corporation" includes the parent of a subsidiary corporation or any subsidiaries of the parent, as applicable.

(7.2) "Direct ballot issue or ballot question expenditure" means direct spending in support of or opposition to any single ballot issue or ballot question by a person who does not otherwise meet the requirements of an issue committee. Contributions to an issue committee are not direct ballot issue or ballot question expenditures.

(7.3) (a) "Donation" means:

(I) The payment, loan, pledge, gift, or advance of money, or the guarantee of a loan, made to any person for the purpose of making an independent expenditure;

(II) Any payment made to a third party that relates to, and is made for the benefit of, any person that makes an independent expenditure;

(III) The fair market value of any gift or loan of property that is given to any person for the purpose of making an independent expenditure; or

(IV) Anything of value given, directly or indirectly, to any person for the purpose of making an independent expenditure.

(b) "Donation" shall not include a transfer by a membership organization of a portion of a member's dues for an independent expenditure sponsored by such membership organization.

(7.5) "Earmark" means a designation, instruction, or encumbrance that directs the transmission and use by the recipient of all or part of a donation to a third party for the purpose of making:

(a) Independent expenditures greater than one thousand dollars to support or oppose a specified candidate;

(b) Electioneering communications greater than one thousand dollars; or

(c) Contributions or expenditures greater than one thousand dollars to support or oppose a specified ballot issue or ballot question.

(8) "Election cycle" shall have the same meaning as set forth in section 2 (6) of article XXVIII of the state constitution.

(9) "Electioneering communication" has the same meaning as set forth in section 2 (7) of article XXVIII of the state constitution. For purposes of the disclosure required by section 1-45-108, "electioneering communication" also includes any communication that satisfies all other requirements set forth in said section 2 (7) of article XXVIII but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.

(10) (a) "Expenditure" has the same meaning as set forth in section 2 (8) of article XXVIII of the state constitution.

(b) "Expenditure" does not include legal services paid to defend a candidate or candidate committee against any action brought to enforce the provisions of article XXVIII of the state constitution or this article 45.

(10.5) "Foreign corporation" means:

(a) A parent corporation or the subsidiary of a parent corporation formed under the laws of a foreign country that is functionally equivalent to a domestic corporation;

(b) A parent corporation or the subsidiary of a parent corporation in which one or more foreign persons hold a combined ownership interest that exceeds fifty percent;

(c) A parent corporation or the subsidiary of a parent corporation in which one or more foreign persons hold a majority of the positions on the corporation's board of directors; or

(d) A parent corporation or the subsidiary of a parent corporation whose United States-based operations, or whose decision-making with respect to political activities, falls under the direction or control of a foreign entity, including the government of a foreign country.

(11) "Independent expenditure" shall have the same meaning as set forth in section 2 (9) of article XXVIII of the state constitution.

(11.5) "Independent expenditure committee" means one or more persons that make an independent expenditure in support of or in opposition to a candidate in an aggregate amount in excess of one thousand dollars or that collect in excess of one thousand dollars from one or more persons for the purpose of making an independent expenditure.

(12) (a) "Issue committee" shall have the same meaning as set forth in section 2 (10) of article XXVIII of the state constitution.

(b) For purposes of section 2 (10)(a)(I) of article XXVIII of the state constitution, "major purpose" means support of or opposition to a ballot issue or ballot question that is reflected by:

(I) An organization's specifically identified objectives in its organizational documents at the time it is established or as such documents are later amended; or

(II) An organization's demonstrated pattern of conduct based upon it:

(A) and (B) (Deleted by amendment, L. 2022.)

(C) During the combined period of the current calendar year and the preceding two calendar years, making either contributions to one or more statewide Colorado issue committees or direct ballot issue or ballot question expenditures, in either support of or opposition to one or more statewide Colorado ballot issues or ballot questions, that exceeded thirty percent of the total dollar amount of all funds spent by the organization for any purpose and in any location during the entire preceding and current calendar years;

(D) During the combined period of the current calendar year and the preceding two calendar years, making either contributions to a single statewide Colorado issue committee or direct ballot issue or ballot question expenditures, in either support of or opposition to a single statewide Colorado ballot issue or ballot question, that exceeded twenty percent of the total dollar amount of all funds spent by the organization for any purpose and in any location; or

(E) Acting as an issue committee's funding intermediary by making contributions to an issue committee from funds earmarked for the issue committee.

(c) The provisions of paragraph (b) of this subsection (12) are intended to clarify, based on the decision of the Colorado court of appeals in Independence Institute v. Coffman, 209 P.3d 1130 (Colo. App. 2008), cert. denied, 558 U.S. 1024, 130 S. Ct. 165, 175 L. Ed. 479 (2009), section 2 (10)(a)(I) of article XXVIII of the state constitution and not to make a substantive change to said section 2 (10)(a)(I).

(12.5) "Media outlet" means a publication or broadcast medium that transmits news, feature stories, entertainment, or other information to the public through various distribution channels, including, without limitation, newspapers; magazines; radio; and broadcast, cable, or satellite television.

(12.7) "Obligating" means, in connection with a named candidate, agreeing to spend in excess of one thousand dollars for an independent expenditure or to give, pledge, loan, or purchase one or more goods, services, or other things of value that have a fair market value in excess of one thousand dollars as an independent expenditure. "Obligating" shall not require that the total amount in excess of one thousand dollars be finally determined at the time of the agreement to spend moneys for an independent expenditure or to give, pledge, loan, or purchase anything of value.

(13) "Person" shall have the same meaning as set forth in section 2 (11) of article XXVIII of the state constitution.

(14) "Political committee" shall have the same meaning as set forth in section 2 (12) of article XXVIII of the state constitution.

(14.5) "Political organization" means a political organization defined in section 527 (e)(1) of the federal "Internal Revenue Code of 1986", as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. "Political organization" shall not be construed to have the same meaning as "political organization" as defined in section 1-1-104 (24) for purposes of the "Uniform Election Code of 1992", articles 1 to 13 of this title.

(15) "Political party" shall have the same meaning as set forth in section 2 (13) of article XXVIII of the state constitution.

(15.3) "Regular biennial school election" means the election that is described in section 22-31-104 (1), C.R.S.

(15.5) "Regular biennial school electioneering communication" has the same meaning as "electioneering communication" as defined in section 2 (7) of article XXVIII of the state constitution; except that, for purpose of the definition of regular biennial school electioneering communication only, "candidate" as referenced in section 2 (7)(a)(I) of said article means a candidate in a regular biennial school election and the requirements specified in section 2 (7)(a)(II) mean a communication that is broadcast, printed, mailed, delivered, or distributed within sixty days before a regular biennial school election. Except as otherwise specified in this subsection (15.5), the definition of "regular biennial school electioneering communication" is the same as that of "electioneering communication".

(15.7) "School district director" means a person serving as a director on the board of education of any school district within the state, including a school district composed of a city and county.

(16) "Small donor committee" shall have the same meaning as set forth in section 2 (14) of article XXVIII of the state constitution.

(16.3) (a) "Small-scale issue committee" means an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed five thousand dollars during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question.

(b) The following are treated as a single small-scale issue committee:

(I) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by a single corporation or its subsidiaries;

(II) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by a single labor organization or the affiliated local units it directs; or

(III) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by substantially the same person, group of persons, or other organizations.

(16.4) "Special school election" means any school election provided for by law and held at a time other than the regular biennial school election.

(16.5) "Spending" means funds expended influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and includes, without limitation, any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything else of value by any political organization, a contract, promise, or agreement to expend funds made or entered into by any political organization, or any electioneering communication by any political organization.

(17) "Subsidiary" means a business entity having more than half of its stock owned by another entity or person, or a business entity of which a majority interest is controlled by another person or entity.

(18) "Unexpended campaign contributions"shall have the same meaning as set forth in section 2 (15) of article XXVIII of the state constitution.
C.R.S. § 1-1-304 — CO Code / Title 1 / Article 1 / Part 3 / Section 1-1-304
1-1-304. Qualifications and conduct of election officials
Status: in_force

1-1-304. Qualifications and conduct of election officials. (1) A person shall not serve as the designated election official for a county or as the coordinated election official if the person:

(a) Has been convicted of any election offense found in article 13 of title 1 or any similar election offense in another state; or

(b) Has been convicted of committing or conspiracy to commit sedition, insurrection, treason, conspiracy to overthrow government by use of physical force or violence, or any similar federal offense.
C.R.S. § 1-13.5-504 — CO Code / Title 1 / Article 13.5 / Part 5 / Section 1-13.5-504
1-13.5-504. Establishing precincts and polling places - applicability
Status: in_force

1-13.5-504. Establishing precincts and polling places - applicability. (1) This section applies to local government elections that are conducted by polling place.

(2) The governing body of each local government, or designated election official if authorized by the governing body, shall divide the local government into as many election precincts for local government elections as it deems expedient for the convenience of the electors of the local government and shall designate the location and address for each polling place at which elections are to be held.

(3) The designated election officials of local governments with overlapping boundaries that hold elections the same day by polling place must meet, confer, and thereafter, if practical, hold such elections in a manner that permits an elector in the overlapping area to vote in all of such elections at one polling place.

(4) Notwithstanding subsection (3) of this section, the governing body or designated election official shall change any polling place upon petition of a majority of the registered electors residing within the local government.
C.R.S. § 1-5-208 — CO Code / Title 1 / Article 5 / Part 2 / Section 1-5-208
1-5-208. Election may be canceled - when
Status: in_force

1-5-208. Election may be canceled - when.

(1) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5, 2010.)

(1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the sixty-third day before the election, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected.

(2) Except for initiative and recall elections, no later than twenty-five days before an election conducted as a coordinated election in November, and at any time prior to any other elections, a governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body.

(3) If the electors are to consider the election of persons to office and ballot issues or ballot questions, the election may be canceled by the governing body only in the event that all of the conditions of subsection (1.5) of this section exist and that all ballot issues or ballot questions have been withdrawn from the ballot pursuant to subsection (2) of this section.

(4) Except as provided in subsection (2) of this section, no election may be canceled in part.

(5) Unless otherwise provided by an intergovernmental agreement pursuant to section 1-7-116, upon receipt of an invoice, the governing body shall within thirty days promptly pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election or withdrawn ballot issues or ballot questions.

(6) The governing body shall provide notice by publication of the cancellation of the election. A copy of the notice must be posted in the office of the designated election official and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice must be filed in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled and that they were elected by acclamation.
C.R.S. § 1-7-403 — CO Code / Title 1 / Article 7 / Part 4 / Section 1-7-403
1-7-403. Instruction to electors
Status: in_force

1-7-403. Instruction to electors. In case any elector, after entering the immediate voting area, asks for further instructions concerning the manner of voting, an election judge shall give instructions to the elector. No election judge or other election official or person assisting an elector shall enter the immediate voting area, except as provided in section 1-7-111. After receiving instructions, the elector shall vote as if unassisted.
C.R.S. § 1-40-105.5 — CO Code / Title 1 / Article 40 / Section 1-40-105.5
1-40-105.5. Initial fiscal impact statement - definition
Status: repealed

1-40-105.5. Initial fiscal impact statement - definition. (1) As used in this section, unless the context otherwise requires, "director" means the director of research of the legislative council of the general assembly.

(1.5) (a) For every initiated measure properly submitted to the title board, the director shall prepare a fiscal summary that consists of the following information:

(I) A description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented;

(II) A qualitative description of the economic impacts of the measure if implemented;

(III) Any information from the initiated measure or a description of state and local government implementation in order to provide the information required in subsection (1.5)(a)(I) or (1.5)(a)(II) of this section;

(IV) The following statement: "This fiscal summary, prepared by the nonpartisan Director of Research of the Legislative Council, contains a preliminary assessment of the measure's fiscal impact. A full fiscal impact statement for this initiative is or will be available at www.ColoradoBlueBook.com.".

(V) If the measure would either increase or decrease the individual income tax rate, a table that shows the estimated effect of the change on the tax owed by individuals in different income categories. The table prepared by the director must have one column titled "income categories" that shows income categories, one column titled "current average income tax owed" that shows the average income tax owed by filers within each income category, one column titled "proposed average income tax owed" that shows the average income tax owed by filers within each income category if the initiated measure were to pass, and one column titled "proposed change in average income tax owed" that identifies the difference between the average income tax owed by filers within each income category if the initiated measure were to pass and if the initiated measure were not to pass. If the difference in the amount of tax owed shown in the table is an increase, the change must be expressed as a dollar amount preceded by a plus sign. If the change in the amount of tax owed shown in the table is a decrease, the change must be expressed as a dollar amount preceded by a negative sign. The director shall use the following income categories in creating the table:

(A) Federal adjusted gross income of twenty-five thousand dollars or less;

(B) Federal adjusted gross income greater than twenty-five thousand dollars and no more than fifty thousand dollars;

(C) Federal adjusted gross income greater than fifty thousand dollars and no more than one hundred thousand dollars;

(D) Federal adjusted gross income greater than one hundred thousand dollars and no more than two hundred thousand dollars;

(E) Federal adjusted gross income greater than two hundred thousand dollars and no more than five hundred thousand dollars;

(F) Federal adjusted gross income greater than five hundred thousand dollars and no more than one million dollars;

(G) Federal adjusted gross income greater than one million dollars and no more than two million dollars; and

(H) Federal adjusted gross income greater than two million dollars and no more than five million dollars.

(b) If an initiated measure has no fiscal impact as specified in subsection (1.5)(a)(I) or (1.5)(a)(II), then the director may include a statement that there is no fiscal impact under that provision.

(c) The director shall notify the secretary of state if the website for fiscal summaries changes, and in such case, the statement required in subsection (1.5)(a)(IV) must include the new website.

(d) The director shall provide the designated representatives of the proponents and the secretary of state with the fiscal summary no later than the time of the title board meeting at which the proposed initiated measure is to be considered. The title board shall not conduct a hearing on the fiscal summary at this title board meeting, and the director's fiscal summary is final, unless modified in accordance with section 1-40-107.

(2) (a) For every initiated measure for which the secretary of state has approved a petition section in accordance with section 1-40-113 (1)(a), the director shall prepare an initial fiscal impact statement, taking into consideration any fiscal impact estimate submitted by the designated representatives of the proponents or other interested person that is submitted in accordance with subsection (2)(b) of this section, the office of state planning and budgeting, and the department of local affairs. The director shall provide the designated representatives of the proponents and the secretary of state with a copy of the fiscal impact statement no later than fourteen days after the petition section was approved. The director shall also post the fiscal impact statement on the legislative council staff website on the same day that it is provided to the designated representatives of the proponents. The fiscal impact statement is not subject to review by the title board or the Colorado supreme court under this article 40.

(b) The designated representatives of the proponents or any other interested person may submit a fiscal impact estimate that includes an estimate of the effect the measure will have on state and local government revenues, expenditures, taxes, and fiscal liabilities if it is enacted, or a draft fiscal summary with the information specified in subsection (1.5) of this section. The director shall consider these estimates and the bases thereon when preparing the initial fiscal impact statement and shall consider the draft fiscal summary when preparing the fiscal summary.

(c) The initial fiscal impact statement must:

(I) Be substantially similar in form and content to the fiscal notes provided by the legislative council of the general assembly for legislative measures pursuant to section 2-2-322, C.R.S.;

(II) Indicate whether there is a fiscal impact for the initiated measure.

(III) (Deleted by amendment, L. 2020.)

(3) Repealed.

(4) The fiscal summary for a measure, as amended in accordance with section 1-40-107, must be included in a petition section as provided in section 1-40-110 (3).

(5) Neither the legislative council of the general assembly nor its executive committee may modify the initial fiscal impact statement prepared by the director. This restriction does not apply to the final fiscal impact statement prepared in accordance with section 1-40-124.5.

(6) At the same time the director posts the initial fiscal impact statement on the legislative council website, he or she shall also post on the website all fiscal impact estimates received in accordance with paragraph (b) of subsection (2) of this section.