CO Code § 1-6-101 (2021)
2021 Colorado Code|Title 1 - Elections|Article 6 - Election Judges|§ 1-6-101. Qualifications for Election Judges - Student Election Judges - Definition - Legislative Declaration

  As used in this article, “election judge” means a registered elector appointed by the county clerk and recorder or designated elected official to perform the election duties assigned by the county clerk and recorder or designated election official. As used in this article, “election judge” also includes a student election judge appointed pursuant to the provisions of subsection (7) of this section.    The persons appointed as election judges, except for persons appointed as student election judges pursuant to the provisions of subsection (7) of this section, shall certify in writing that they meet the following qualifications:   They are registered electors of the state and are willing to serve;    They are physically and mentally able to perform and complete the assigned tasks;    They will attend a class of instruction concerning the tasks of an election judge prior to each election;    They have never been convicted of election fraud, any other election offense, or fraud; and    They are neither a candidate whose name appears on the ballot in the precinct that they are appointed to serve nor a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve.       With regard to any nonpartisan election that is not coordinated by the county clerk and recorder, the election judge shall be a registered elector of the political subdivision for which the election is being held. If enough registered electors of the political subdivision are not available, then the appointing authority may appoint election judges who are registered electors of the state.    Before serving as an election judge, any person recommended as an election judge in accordance with section 1-6-102, 1-6-103, .5, or 1-6-103.7 shall complete and file an acceptance form with the county clerk and recorder or other designated election official as provided in section 1-6-106. The acceptance forms may be kept on file with the county clerk and recorder or other designated election official for up to two years from the date of signing the acceptance form.    The county clerk and recorder or the designated election official shall hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the task of a supervisor judge not more than sixty days prior to each election.    Each person appointed as an election judge shall be required to attend one class of instruction prior to the first election in an election cycle in which the person will serve as an election judge. The county clerk and recorder or other designated election official may require a person appointed as an election judge to attend more than one class of instruction in an election cycle.      The general assembly hereby finds and declares that, in order to promote a greater awareness among young people concerning the electoral process, the rights and responsibilities of voters, and the importance of citizen participation in public affairs, as well as to provide additional qualified individuals willing and able to assist with the electoral process, qualified students may be allowed to serve as student election judges. Therefore, it is the intent of the general assembly in enacting this subsection (7) to authorize designated election officials to appoint qualified students to serve as election judges in conformity with this section.    As used in this article, “student election judge” means a student who meets the requirements of this subsection (7) and who is appointed by a designated election official for service as an election judge pursuant to this section.    The designated election officials may work with school districts and public or private secondary educational institutions to identify students willing and able to serve as student election judges. Such school districts or educational institutions may submit the names of the students to the designated election official of the jurisdiction in which the school district or educational institution is located for appointment as student election judges. Home-schooled students may apply to the designated election official for appointment as a student election judge pursuant to this section. From among the names submitted, the designated election officials may select students to serve as student election judges who meet the following qualifications:   They are a United States citizen or will be a citizen at the time of the election to which the student is serving as a student election judge;    They are willing to serve;    They are physically and mentally able to perform and complete the assigned tasks;    They will attend a class of instruction concerning the tasks of an election judge prior to each election;    They have never been convicted of election fraud, any other election offense, or fraud;    They are not a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve;    They are sixteen years of age or older and either a junior or senior in good standing attending a public or private secondary educational institution or being home-schooled at the time of the election to which the student is serving as a student election judge; and    Their parent or legal guardian has consented to their service as a student election judge.            History. Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993. L. 93: IP(1) amended and (3) and (4) added, p. 1414, § 58, effective July 1. L. 96: (1)(d) and (2) amended, p. 1744, § 38, effective July 1. L. 98: Entire section amended, p. 574, § 1, effective April 30. L. 2000: (1) and IP(2) amended and (7) added, p. 1333, § 1, effective July 1. L. 2002: (4) and (6) amended, p. 1631, § 8, effective June 7. L. 2005: (5) amended, p. 1403, § 23, effective June 6; (5) amended, p. 1438, § 23, effective June 6. L. 2007: (5) amended, p. 1977, § 20, effective August 3. L. 2012: (7)(a), (7)(b), and IP(7)(c) amended, (HB 12-1292), ch. 181, p. 683, § 23, effective May 17. L. 2013: (2)(e), (5), and (7)(c)(VI) amended, (HB 13-1303), ch. 185, p. 715, § 54, effective May 10. L. 2018: (2)(a) and (5) amended, (SB 18-233), ch. 262, p. 1608, § 14, effective May 29.    Cross references:    For transferring names of electors when precinct boundaries changed, see § 1-2-223; for the power of the board of county commissioners to form new precincts, change the names of precincts, or reduce the numbers of precincts, see § 30-11-114.    In 2013, subsections (2)(e), (5), and (7)(c)(VI) were amended by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.     ANNOTATION   Annotator's note. The following annotations are taken from cases decided under former provisions similar to this section.   Judicial notice taken of boundaries of election precincts. Courts take judicial notice of matters of common knowledge in the community where they sit, such as the boundaries of election precincts. Nat'l Optical Co. v. United States Fid. & Guar. Co., 77 Colo. 130 , 235 P. 343 (1925); Antlers Athletic Ass'n v. Hartung, 85 Colo. 125 , 274 P. 831 (1928); Israel v. Wood, 93 Colo. 500 , 27 P.2d 1024 (1933).   And a court will take judicial notice of the fact that there has been a precinct established in a county, it not being material whether the precinct was established upon proper petition or by virtue of authority so to do under this section. Bd. of Comm'rs v. People ex rel. McPherson, 36 Colo. 246 , 91 P. 36 (1906).   Whereupon a mandamus proceeding will be dismissed. When a court takes judicial notice that an election precinct has been established, a mandamus proceeding to compel the board of county commissioners to establish such precinct pending upon review in such court will be dismissed, there being no live question for determination. Bd. of Comm'rs v. People ex rel. McPherson, 36 Colo. 246 , 91 P. 36 (1906).