reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 9 - PAPER BALLOTS (§§ 1-13.5-901 — 1-13.5-906) › Section 1-13.5-906 - Instruction cards - content

(1)
The designated election official shall furnish to the election judges of each polling place a sufficient number of instruction cards to guide electors in preparing their ballots. The election judges shall post at least one card in each polling place on the day of the election. Such cards shall be printed in large, clear type and contain full instructions to the electors about how to:
(a)
Obtain ballots for voting;
(b)
Prepare the ballot for deposit in the ballot box;
(c)
Obtain a new ballot in the place of one spoiled by accident or mistake; and
(d)
Obtain assistance in marking ballots.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1001 - When absentee electors may vote

Any eligible elector of a local government may cast an absentee voter's ballot at the election in the manner provided in sections
1-13.5-1002
to
1-13.5-1007
.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1002 - Application for absentee voter's ballot - delivery - list

(1)
(a)
(I)
Requests for an application for an absentee voter's ballot may be made orally or in writing. The application may be in the form of a letter. The application may request that the applicant be added to the permanent absentee voter list for the local government.
(II)
Applications for absentee voters' ballots shall be filed in writing and be personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to the applicant. If the applicant is unable to sign the application, the applicant shall make such applicant's mark on the application, which must be witnessed in writing by another person.
(b)
The application must be filed with the designated election official not later than the close of business on the Tuesday immediately preceding the next local government election in which the absentee voter wishes to vote by absentee voter's ballot.
(2)
(a)
Upon timely receipt of an application for an absentee voter's ballot, the designated election official receiving it shall examine the records of the county clerk and recorder or county assessor, as appropriate, to ascertain whether or not the applicant is registered and lawfully entitled to vote as requested.
(b)
If the person is found to be so entitled, the designated election official shall deliver, as soon as practicable but not more than seventy-two hours after the blank ballots have been received, an official absentee voter's ballot, an identification return envelope with the affidavit or the envelope properly filled in as to address of residence as shown by the records of the county clerk and recorder, and an instruction card. The identification return envelope must state "Do not forward. Address correction requested." or any other similar statement that is in accordance with United States postal service regulations. The delivery must be made to the applicant either personally in the designated election official's office or by mail to the mailing address given in the application for an official absentee voter's ballot.
Amended by 2016 Ch. 313,§ 9, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18. L. 2016: (1)(b) and (2)(b) amended, (HB 16-1442), ch. 313, p. 1268, § 9, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1003 - Application for permanent absentee voter status

(1)
Any eligible elector of a political subdivision may apply for permanent absentee voter status. The application for permanent absentee voter status must be made in writing or by facsimile using an application form or letter furnished by the designated election official of the political subdivision. The application must contain the same information submitted in connection with an application for an absentee voter's ballot pursuant to section
1-13.5-1002
.
(2)
Upon receipt of an application for permanent absentee voter status, the designated election official shall process the application in the same manner as an application for an absentee voter's ballot. If the designated election official determines that the applicant is an eligible elector, the designated election official shall place the eligible elector's name on the list maintained by the political subdivision pursuant to section
1-13.5-1004
of those eligible electors to whom an absentee voter's ballot is mailed every time there is an election conducted by the political subdivision for which the eligible elector has requested permanent absentee voter status.
(3)
If there is no designated election official presently appointed in the local government, the secretary of the local government shall process the application for permanent absentee status in accordance with subsections (1) and (2) of this section.
Amended by 2016 Ch. 313,§ 10, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 39, § 6, effective February 18. L. 2016: (3) added, (HB 16-1442), ch. 313, p. 1269, § 10, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 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.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 39, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1005 - Self-affirmation on return envelope

(1)
The return envelope for an absentee voter's ballot must have printed on its face a self-affirmation substantially in the form provided in section
1-13.5-605(1)
.
(2)
If applicable, the self-affirmation provided in section
1-13.5-605(2)
may be substituted for the self-affirmation in section
1-13.5-605(1)
.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 40, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1006 - Manner of absentee voting by paper ballot

(1)
Any eligible elector applying for and receiving an absentee voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely. The envelope may be delivered personally or mailed by the voter to the designated election official issuing the ballot. It is permissible for a voter to deliver the ballot to any person of the voter's own choice or to any duly authorized agent of the designated election official for mailing or personal delivery to the designated election official. To be counted, all envelopes containing absentee voter's ballots must be in the hands of the designated election official or an election judge for the local government not later than 7 p.m. on election day.
(2)
Upon receipt of an absentee voter's ballot, the designated election official or an election judge shall write or stamp on the envelope containing the ballot the date and hour that the envelope was received and, if the ballot was delivered in person, the name and address of the person delivering the same. The designated election official or election judge shall safely keep and preserve all absentee voter's ballots unopened until the time prescribed for delivery to the judges as provided in section
1-13.5-1008
.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 40, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1007 - Absentee voters' voting machines - electronic voting systems

(1)
Any local government using voting machines in a local government election may provide one or more machines in the designated election official's office for the use of qualified applicants for absentee voters' ballots. If such machines are provided, they must be available from twelve days prior to the election until the close of business on the Friday immediately preceding the election. Votes on the machines must be cast and counted in the same manner as votes would be cast and counted on a voting machine in a polling place on election day. The designated election official shall supervise the casting and counting of absentee voters' ballots on the machines. The machines shall remain locked and the tabulation of the votes cast must remain unknown until election day.
(2)
Any local government using an electronic voting system may provide such system for the use of qualified applicants for absentee voters' ballots. Such system must be available from twelve days prior to the election until the close of business on the Friday immediately preceding the election. Votes cast using such system must be cast in the same manner as votes would be cast in a polling place on election day. The designated election official shall supervise the casting and counting of absentee voters' ballots using such system.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 41, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1008 - Delivery to judges

Not later than 8:30 a.m. on the day of any local government election, the designated election official shall deliver to the election judges of one of the polling places of the local government, which polling place shall be selected by the designated election official, all the absentee voters' ballot envelopes received up to that time, in sealed packages. The designated election official shall take a receipt for the packages, together with the list of absentee voters, or, in the designated election official's discretion, the designated election official may elect to deliver the absentee voters' envelopes received from electors and the list of absentee voters to the election judges of the polling place. The designated election official shall continue to deliver any envelopes that are received thereafter during that day up to and including 7 p.m. On the sealed packages must be printed or written, "This package contains . . . (number) absentee voters' ballots." With the envelopes, the designated election official shall deliver to one of the election judges all the books, records, and supplies as are needed for tabulating, recording, and certifying said absentee voters' ballots.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 41, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1009 - Casting and counting absentee voters' ballots

If the self-affirmation on the envelope containing an absentee voter's ballot is properly sworn to, one of the election judges shall tear open the voter's identification envelope in the presence of a majority of the judges without defacing the self-affirmation printed thereon or mutilating the enclosed ballot. One of the election judges shall verify the name of the eligible elector and ballot number issued to such elector and carefully remove the stub from the ballot. The ballot must then be cast and counted in the same manner as if the absentee voter had been present in person; except that one of the judges shall deposit the ballot in the ballot box without unfolding it. The absentee vote must be counted and certified separately from the votes of the polling place where it is counted.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 42, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1010 - Challenge of absentee voters' ballots - rejection - record

(1)
The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the election judges may determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the voter is not an eligible elector, the envelope containing the ballot of the voter shall not be opened, and the judges shall endorse on the back of the envelope the reason for rejection. When it is made to appear to the election judges by sufficient proof that any absentee voter who has marked and forwarded a ballot has died, the envelope containing the ballot of the deceased voter shall not be opened, and the judges shall make proper notation on the back of such envelope. If an absentee voter's envelope contains more than one marked ballot, none of the ballots in that envelope may be counted, and the judges shall note on the envelope the reason that the ballots were not counted. If an absentee voter's envelope does not contain all pages of a ballot, only the marked and returned pages shall be counted. Election judges shall certify in their returns the number of absentee voter's ballots cast and counted and the number of such ballots rejected.
(2)
All absentee voters' envelopes, ballot stubs, and absentee voters' ballots rejected by the election judges in accordance with subsection (1) of this section must be returned to the designated election official. All absentee voters' ballots received by the designated election official after 7 p.m. on the day of the election, together with those rejected and returned by the election judges as provided in this section, must remain in the sealed identification envelopes.
(3)
If an absentee voter's ballot is not returned or if it is rejected and not counted, the fact shall be noted on the record kept by the designated election official. Such record is open to public inspection under proper regulations.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 42, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 10 - ABSENTEE VOTING (§§ 1-13.5-1001 — 1-13.5-1011) › Section 1-13.5-1011 - Emergency absentee voting - definition

(1)
(a)
If an eligible elector is confined in a hospital or at his or her place of residence on election day because of conditions arising after the closing day for absentee voters' ballot applications, he or she may request, by a written statement signed by him or her, that the designated election official send him or her an emergency absentee voter's ballot. The designated election official shall deliver the emergency absentee voter's ballot, with the word "emergency" stamped or written on the stubs of the ballot, at his or her office, during the regular hours of business, to any authorized representative of the elector possessing a written statement from the voter's physician, physician assistant authorized under section
12-240-107(6)
, advanced practice registered nurse, or nurse practitioner that the voter will be confined in a hospital or his or her place of residence on election day. The authorized representative shall acknowledge receipt of the emergency absentee voter's ballot with his or her signature, name, and address.
(b)
For purposes of this subsection (1), "authorized representative" means a person possessing a written statement from the elector containing the elector's signature, name, and address and requesting that the elector's emergency absentee voter's ballot be given to the authorized person as identified by name and address.
(2)
A request for an emergency absentee voter's ballot under this section shall be made, and the ballot shall be returned, to the designated election official's office no later than 7 p.m. on election day.
Amended by 2019 Ch. 136,§ 4, eff. 10/1/2019.
Amended by 2016 Ch. 204,§ 2, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 42, p. 42, § 6, effective February 18. L. 2016: (1)(a) amended, (SB 16-158), ch. 720, p. 720, § 2, effective August 10. L. 2019: (1)(a) amended, (HB 19-1172), ch. 1642, p. 1642, § 4, effective October 1.
For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1101 - Independent mail ballot elections

Any local government may conduct an independent mail ballot election utilizing the procedures in this part 11.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 43, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1102 - Definitions

As used in this part 11, unless the context otherwise requires:
(1)
"Independent mail ballot election" means a mail ballot election that the governing body of a local government determines will not be coordinated by the county clerk and recorder.
(2)
"Mail ballot packet" means the packet of information provided by the designated election official to eligible electors in the independent mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope.
(3)
"Publication" means one-time printing in a newspaper of general circulation in the local government or proposed special district if there is such a newspaper, or, if not, in a newspaper in the county in which the local government or proposed special district is or will be located. For a local government with territory in more than one county, if there is no newspaper of general circulation in the local government, "publication" means the one-time printing in a newspaper of general circulation in each county in which the local government is located and in which fifty or more eligible electors of the local government resides.
(4)
"Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation substantially in the form described in section
1-13.5-605(1)
to be signed by, an eligible elector voting in an independent mail ballot election, into which envelope must fit a secrecy envelope. A return envelope must be designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.
(5)
"Secrecy envelope" means the envelope or sleeve used for an independent mail ballot election that contains the eligible elector's ballot for the election and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election.
Amended by 2016 Ch. 313,§ 11, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 43, § 6, effective February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1269, § 11, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1103 - Independent mail ballot elections - optional - cooperation with county clerk and recorder permitted - exception

(1)
If the governing body of any local government determines that an election shall be by independent mail ballot, the designated election official for the local government shall conduct the election by mail ballot pursuant to this part 11.
(2)
Nothing in this part 11 requires that any election be conducted by mail ballot.
(3)
Notwithstanding the fact that an independent mail ballot election is an election that is not coordinated by a county clerk and recorder, the designated election official of a local government and the county clerk and recorder may, by agreement, cooperate on any election procedure or notice.
(4)
Notwithstanding any provision of this article to the contrary, the designated election official of a local government shall mail a ballot to every eligible elector of the local government who resides within the boundaries of the local government and who is a covered voter, as that term is defined in section
1-8.3-102
, for any election conducted under this article.
Amended by 2016 Ch. 313,§ 12, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 44, § 6, effective February 18. L. 2016: (4) amended, (HB 16-1442), ch. 313, p. 1269, § 12, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1104 - Preelection process - notification of independent mail ballot election - plan required - duties of designated election official

(1)
The designated election official responsible for conducting an election that is to be by independent mail ballot pursuant to this part 11 shall, no later than fifty-five days prior to the election, have on file at the principal office of the local government or designated election official a plan for conducting the independent mail ballot election. The plan is a public record.
(2)
The designated election official shall supervise the distributing, handling, and counting of ballots and the survey of returns, and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.
(3)
No elector information may be delivered to an elector in the form of a sample ballot.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 44, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1105.5 - Voting by electors at group residential facilities

For independent mail ballot elections conducted under this part 11, upon the request of any eligible elector of the local government residing in a facility described in section
1-7.5-113(1)
, the designated election official shall appoint a committee for delivery of mail ballots to, and return of voted mail ballots from, the facility in accordance with section
1-7.5-113
.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1106 - Delivery of misdelivered ballots

(1)
If an elector delivers a ballot, mail ballot, or absentee voter's ballot to the designated election official, polling place, or election judge of another local government, or to the county clerk and recorder, the recipient may accept the ballot and, if accepted, must arrange for its delivery to the proper person by 7 p.m. on election day. The reasonable cost of such delivery must be paid by the local government conducting the election in which the voter intended to cast the ballot.
(2)
If the error in delivery of a ballot is discovered too late for delivery by 7 p.m. on election day, the ballot must be mailed to the proper designated election official and maintained as an election record, but not counted.
Amended by 2016 Ch. 313,§ 14, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18. L. 2016: (1) amended, (HB 16-1442), ch. 313, p. 1269, § 14, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1107 - Counting mail ballots

The election officials at the mail ballot counting place shall receive and prepare mail ballots delivered and turned over to them by the election judges for counting. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1108 - Write-in candidates

Any write-in candidate is allowed in independent mail ballot elections if the candidate has filed an affidavit of intent with the designated election official as required by law.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 11 - INDEPENDENT MAIL BALLOT ELECTIONS (§§ 1-13.5-1101 — 1-13.5-1109) › Section 1-13.5-1109 - Challenges

Votes cast pursuant to this part 11 may be challenged pursuant to and in accordance with law, including the challenge and rejection of ballot provisions set forth in section
1-13.5-1010
. Any independent mail ballot election conducted pursuant to this part 11 will not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with this part 11.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 48, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1201 - No voting unless eligible

Unless otherwise permitted pursuant to section
1-13.5-605
, no person is permitted to vote at any local government election unless his or her name is found on the registration list or property owners list, if applicable, or unless the person's registration or property ownership is confirmed orally as provided by section
1-13.5-605(3)
.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1202 - Right to vote may be challenged

(1)
When any person whose name appears on the registration list or property owners list applies for a ballot, his or her right to vote at that election may be challenged. If the person applying is not entitled to vote, no ballot shall be delivered to him or her. Any person may also be challenged when he or she offers a ballot for deposit in the ballot box.
(2)
It is the duty of any election judge to challenge any person offering to vote who he or she believes is not an eligible elector. In addition, challenges may be made by watchers or any eligible elector of the local government who is present.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1203 - Challenge to be made by written oath

Each challenge must be made by written oath, signed by the challenger under penalty of perjury, setting forth the name of the person challenged and the basis for the challenge. The election judges shall deliver all challenges and oaths to the designated election official at the time the other election papers are returned. The designated election official shall deliver all challenges and oaths to the district attorney for investigation and appropriate action as soon as possible.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1204 - Challenge questions asked

(1)
If a person offering to vote is challenged as unqualified, one of the election judges shall tender to him or her the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you regarding your place of residence and qualifications as an eligible elector at this election."
(2)
If the person is challenged as unqualified on the ground that he or she is not a citizen and will not exhibit papers pertaining to naturalization, an election judge shall ask the following question: "Are you a citizen of the United States?"
(3)
If the person is challenged as unqualified on the ground that he or she is not a resident of the local government, an election judge shall ask the following questions:
(a)
"Have you resided in the local government immediately preceding this election?"
(b)
"Have you been absent from the local government immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?"
(c)
"If so, when you left, was it for a temporary purpose with the intent of returning, or did you intend to remain away?"
(d)
"Did you, while absent, look upon and regard this state as your home?"
(e)
"Did you, while absent, vote in any other state or territory?"
(4)
If the person is challenged as ineligible because the person is not a property owner or the spouse or civil union partner of a property owner, an election judge shall ask the following questions:
(a)
"Are you a property owner or the spouse or civil union partner of a property owner in this political subdivision and therefore eligible to vote?"
(b)
"What is the address or, for special district elections where an address is not available, the location of the property that entitles you to vote in this election?"
(5)
If the person is challenged as unqualified on the ground that the person is not eighteen years of age, an election judge shall ask the following question: "Are you eighteen years of age or over to the best of your knowledge and belief?"
(6)
An election judge shall put all other questions to the person challenged as may be necessary to test the person's qualifications as an eligible elector at the election.
(7)
If the person challenged answers satisfactorily all of the questions put to him or her, the person shall sign his or her name on the form of the challenge after the printed questions. The election judges shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 49, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1205 - Oath of person challenged

(1)
If the challenge is not withdrawn after the person offering to vote has answered the questions asked pursuant to section
1-13.5-1204
, one of the election judges shall tender the following oath:
You do solemnly swear or affirm that you are a citizen of the United States of the age of eighteen years or over; that you have been a resident of this local government and have not retained a home or domicile elsewhere, or that you or your spouse or civil union partner are owners of taxable real or personal property within the local government; that you are a registered elector of this state; and that you have not previously voted at this election.
(2)
After the person has taken the oath or affirmation, his or her ballot must be received and the word "sworn" must be written on the pollbook after the person's name.
Added by 2014 Ch. 2, § 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 50, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 12 - CHALLENGE OF PERSONS VOTING (§§ 1-13.5-1201 — 1-13.5-1206) › Section 1-13.5-1206 - Refusal to answer questions or take oath

If the challenged person refuses to answer fully any question which is put to him or her as provided in section
1-13.5-1204
or refuses to take the oath or affirmation tendered as provided in section
1-13.5-1205
, the election judges shall reject the challenged person's vote.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 51, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 13 - SURVEY OF RETURNS (§§ 1-13.5-1301 — 1-13.5-1306) › Section 1-13.5-1301 - Survey of returns - canvass board

(1)
At least fifteen days before any election, the designated election official shall appoint at least one member of the governing body of a local government, and at least one eligible elector of the local government who is not a member of that body, to assist the designated election official in the survey of returns. The persons so appointed and the designated election official constitute the canvass board for the election.
(2)
To the fullest extent possible, no member of the canvass board nor the member's spouse or civil union partner shall have a direct interest in the election.
(3)
If, for any reason, any person appointed as a member of the canvass board refuses, fails, or is unable to serve, that appointed person shall notify the designated election official, who shall appoint another person that possesses the same qualifications as the original appointee as directed under subsection (1) of this section, if available, to the canvass board.
(4)
Each canvass board member who is not a member of the governing body shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the designated election official and paid by the local government for which the service is performed.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 51, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 13 - SURVEY OF RETURNS (§§ 1-13.5-1301 — 1-13.5-1306) › Section 1-13.5-1302 - Imperfect returns

If the canvass board finds that the returns from any polling place do not strictly conform to the requirements of law in the making, certifying, and returning of the returns, the votes cast in that polling place nevertheless must be canvassed and counted if such returns are sufficiently explicit to enable the persons authorized to canvass votes and returns to determine how many votes were cast for each candidate, ballot issue, or ballot question.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 51, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 13 - SURVEY OF RETURNS (§§ 1-13.5-1301 — 1-13.5-1306) › Section 1-13.5-1303 - Corrections

If, upon proceeding to canvass the votes, it clearly appears to the canvass board that in any statement produced to them certain matters are omitted that should have been inserted or that any mistakes which are merely clerical exist, the canvass board shall send the statement to the election judges from whom they were received to have the mistakes corrected. The election judges, when so demanded, shall make such corrections as the facts of the case require, but shall not change or alter any decision made before by them. The canvass board may adjourn from day to day for the purpose of obtaining and receiving the statement.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 51, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 13 - SURVEY OF RETURNS (§§ 1-13.5-1301 — 1-13.5-1306) › Section 1-13.5-1304 - Tie - lots - notice to candidates

If any two or more candidates receive an equal and highest number of votes for the same office, and if there are not enough offices remaining for all such candidates, the canvass board shall determine by lot the person who shall be elected. Reasonable notice shall be given to such candidates of the time when such election will be so determined.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 52, § 6, effective February 18.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 13 - SURVEY OF RETURNS (§§ 1-13.5-1301 — 1-13.5-1306) › Section 1-13.5-1305 - Statement - certificates of election

(1)
No later than the fourteenth day following the election, the canvass board shall make statements from the official abstract of votes that show the names of the candidates, any ballot issue or ballot question, and the number of votes given to each. The canvass board shall certify the statement to be correct and subscribe their names thereto. The canvass board shall then determine which persons have been duly elected by the highest number of votes and shall endorse and subscribe on such statements a certificate of their determination. The designated election official shall also file a copy of the certificate with the division of local government in the department of local affairs.
(2)
The designated election official shall make and transmit to each of the persons thereby declared to be elected a certificate of the person's election.
Amended by 2016 Ch. 313,§ 15, eff. 8/10/2016.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 52, § 6, effective February 18. L. 2016: Entire section amended, (HB 16-1442), ch. 313, p. 1269, § 15, effective August 10.
2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS (§§ 1-1-101 — 1-17-101) › Article 13.5 - COLORADO LOCAL GOVERNMENT ELECTION CODE (§§ 1-13.5-101 — 1-13.5-1601) › Part 14 - CONTESTS (§§ 1-13.5-1401 — 1-13.5-1408) › Section 1-13.5-1401 - Person elected - contest - causes

(1)
The election of any person declared duly elected to any local government office may be contested by any eligible elector of the local government on the following grounds:
(a)
The contestee is not eligible for the office to which he or she has been declared elected;
(b)
Illegal votes have been received, or legal votes rejected, at the polls in sufficient numbers to change the results;
(c)
An error or mistake was made by any of the election judges, the designated election official, or the canvass board in counting or declaring the result of the election, if the error or mistake was sufficient to change the result;
(d)
Malconduct, fraud, or corruption occurred on the part of the election judges in any polling place, a canvass board member, or any designated election official or his or her assistant, if the malconduct, fraud, or corruption was sufficient to change the result; or
(e)
For any other cause that shows that another candidate was the legally elected person.
Added by 2014 Ch. 2,§ 6, eff. 2/18/2014.
L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 54, § 6, effective February 18.