reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 8 - ELECTRONIC SYSTEM (§§ 31-10-801 — 31-10-812) › Section 31-10-807 - Distribution of ballots

In municipalities using an electronic voting system, the clerk shall distribute to the election judges in the respective precincts a sufficient number of ballots. The ballots shall be sent in one or more sealed packages for each precinct with marks on the outside of each stating clearly the precinct and polling place for which it is intended, together with the number of ballots enclosed. Such package shall be delivered to one of the judges of election of such precinct between the close of business on the Friday preceding election day, or during any earlier day in which a judges' school of instruction is held, and 8 p.m. on the Monday before election day. A receipt for the ballots thus delivered shall be given by the election judge who received them. The receipt shall be filed with the clerk, who shall also keep a record of the time when and the manner in which each of said packages was sent and delivered.
L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. L. 81: Entire section amended, p. 1505, § 25, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 8 - ELECTRONIC SYSTEM (§§ 31-10-801 — 31-10-812) › Section 31-10-808 - Cards of instruction

(1)
The clerk shall furnish to the judges of election of each precinct a sufficient number of instruction cards for the guidance of voters in preparing their ballots. The election judges shall post at least one card in each polling place on the day of election. Such cards shall be printed in large, clear type and shall contain full instructions to the voter as to what should be done:
(a)
To obtain a ballot for voting;
(b)
To prepare the ballot for deposit in the ballot box;
(c)
To obtain a new ballot in the place of one spoiled by accident or mistake; and
(d)
To obtain assistance in marking ballots.
L. 75: Entire title R&RE, p. 1056, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 8 - ELECTRONIC SYSTEM (§§ 31-10-801 — 31-10-812) › Section 31-10-809 - Close of polls - count and seals in electronic voting

After the polls have been closed, the election judges shall secure the vote recorders or the voting devices, or both the vote recorders and the voting devices, against further use and prepare a ballot return in duplicate showing the number of voters as indicated by the pollbook who have voted in the precinct, the number of official ballot cards received, and the number of spoiled and unused ballot cards returned. The original copy of said ballot return shall be deposited in a metal or durable plastic transfer box, along with all voted and spoiled ballots. The transfer box shall then be sealed in such a way as to prevent tampering with the box or its contents. The clerk shall provide such a numbered seal. The duplicate copy of said ballot return shall be mailed at the nearest post office or post box to the clerk by a judge other than the one who delivers the transfer box to the counting center. One judge shall deliver the sealed transfer box to the counting center or other place designated by the clerk.
L. 75: Entire title R&RE, p. 1056, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 8 - ELECTRONIC SYSTEM (§§ 31-10-801 — 31-10-812) › Section 31-10-810 - Electronic vote counting - test

(1)
The clerk shall have the electronic ballot counting equipment tested in the manner prescribed in this section to ascertain that it will accurately count the votes cast for all offices and all measures. The electronic equipment shall be tested at least three times, once on the day before the election, again just prior to the start of the count on election day, and finally at the conclusion of the counting. The clerk may make any additional tests he deems necessary.
(2)
The clerk shall vote and retain at least one hundred test ballots, and shall observe the tabulation of all test ballots by means of the electronic counting equipment, and shall compare such tabulation with the previously retained records of the test vote count. The cause of any discrepancies shall be corrected prior to the actual vote tabulation.
(3)
All test materials, when not in use, shall be kept in a metal box, and the clerk shall be the custodian of the box.
(4)
After the final conclusion of the counting, all programs, test materials, and ballots shall be sealed and retained as provided for paper ballots.
L. 75: Entire title R&RE, p. 1057, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 8 - ELECTRONIC SYSTEM (§§ 31-10-801 — 31-10-812) › Section 31-10-812 - Election laws apply - separate absentee ballots permitted

All of the provisions of this article not inconsistent with the provisions of this part 8 shall apply to all elections held in precincts where an electronic voting system is used. Nothing in this part 8 shall prohibit the use of a separate paper ballot by absentee voters or for charter amendments where such is required.
L. 75: Entire title R&RE, p. 1058, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-901 - Ballot boxes

The governing body of each municipality using paper ballots shall provide one ballot box for each polling place. Each ballot box shall be strongly constructed so as to prevent tampering, with a small opening at the top thereof and with a lid to be locked. The ballot boxes and keys shall be kept by the clerk and delivered to the judges of election within one day immediately preceding any municipal election, to be returned as provided in section
31-10-614
. Nothing in this section shall prevent the governing body from obtaining ballot boxes from the office of the county clerk and recorder.
L. 75: Entire title R&RE, p. 1058, § 1, effective July 1. L. 81: Entire section amended, p. 1505, § 26, effective July 1.
This section is similar to former § 31-10-507 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-903 - Ballots changed if candidate dies or withdraws

If any person duly nominated dies before the day fixed for the election and the fact of such death becomes known to the clerk or withdraws by filing an affidavit of withdrawal with the clerk before the date fixed for election, the name of the deceased or withdrawn candidate shall not be printed upon the ballots for the election. If the ballots are already printed, the name of the deceased candidate or withdrawn candidate shall be erased or canceled, if possible, before the ballots are delivered to the voters.
L. 75: Entire title R&RE, p. 1059, § 1, effective July 1. L. 91: Entire section amended, p. 756, § 27, effective April 4. L. 92: Entire section amended, p. 2178, § 41, effective June 2.
This section is similar to former § 31-10-509 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-904 - Printing and distribution of ballots

In municipalities using paper ballots, the clerk shall cause to be printed and distributed to the election judges in the respective precincts a sufficient number of ballots. The ballots shall be sent in one or more sealed packages for each precinct with marks on the outside of each clearly stating the precinct and polling place for which it is intended, together with the number of ballots enclosed. Such packages shall be delivered to one of the judges of election of such precinct between the close of business on the Friday preceding election day or during any earlier day in which a judges' school of instruction is held, and 8 p.m. on the Monday before election day. A receipt for the ballots thus delivered shall be given by the election judge who receives them. The receipt shall be filed with the clerk, who shall also keep a record of the time when and the manner in which each of said packages was sent and delivered. The election judge receiving such package shall produce the same, with the seal unbroken, in the proper polling place at the opening of the polls on election day and, in the presence of all election judges for the precinct, shall open the package.
L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. L. 81: Entire section amended, p. 1506, § 27, effective July 1.
This section is similar to former § 31-10-510 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-905 - Substitute ballots

If the ballots to be furnished to any election judge are not delivered by 8 p.m. on the Monday before election day or if after delivery they are destroyed or stolen, the clerk shall cause other ballots to be prepared, as nearly in the form prescribed as practicable, with the word "substitute" printed in brackets immediately under the facsimile signature of the clerk. Upon receipt of ballots thus prepared, accompanied by a written and sworn statement of the clerk that the same have been so prepared and furnished by him and that the original ballots have so failed to be received or have been destroyed or stolen, the election judges shall cause the ballots so substituted to be used at the election. If from any cause none of the official ballots or substitute ballots prepared by the clerk are ready for distribution at any polling place or if the supply of ballots is exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used until substitutes prepared by the clerk are printed and delivered.
L. 75: Entire title R&RE, p. 1060, § 1, effective July 1.
This section is similar to former § 31-10-511 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-906 - Cards of instruction

(1)
The clerk shall furnish to the judges of election of each precinct a sufficient number of instruction cards for the guidance of voters in preparing their ballots. The election judges shall post at least one card in each polling place upon the day of the election. Such cards shall be printed in large, clear type and shall contain full instructions to the voter as to what should be done:
(a)
To obtain ballots for voting;
(b)
To prepare the ballot for deposit in the ballot box;
(c)
To obtain a new ballot in the place of one spoiled by accident or mistake; and
(d)
To obtain assistance in marking ballots.
L. 75: Entire title R&RE, p. 1060, § 1, effective July 1.
This section is similar to former § 31-10-512 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-907 - Definitions

As used in sections
31-10-908
to
31-10-913
, unless the context otherwise requires:
(1)
"Eligible elector" means a person who is a registered elector, as defined in section
31-1-101(9)
.
(2)
"Mail ballot election" means an election for which eligible electors may cast ballots by mail and in accordance with this part 9.
(3)
"Mail ballot packet" means the packet of information provided by the clerk to eligible electors in a mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope.
(4)
"Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot, and that is 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 a 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.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 61, § 20, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-908 - Mail ballot elections - preelection process

(1)
If the governing body of a municipality determines that an election is to be conducted by mail ballot, the clerk shall supervise the distributing, handling, counting of ballots, and the survey of returns and shall take all necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.
(2)
Official ballots must be prepared and all other preelection procedures followed as otherwise provided by this article; except that mail ballot packets must be prepared in accordance with this part 9.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 62, § 20, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-909 - Nomination of candidates in mail ballot elections

(1)
Any person who desires to be a candidate for a municipal office in a mail ballot election conducted pursuant to this part 9 after May 1, 2014, shall comply with the nominating procedures set forth in this article 10; except that:
(a)
Any nominating petition in a mail ballot election may be circulated and signed beginning on the ninety-first day prior to the election and must be filed with the municipal clerk no later than the close of business on the seventy-first day prior to the election. The petition may be amended to correct or replace signatures that the clerk finds are not in apparent conformity with the requirements of this article 10 by filing such changes anytime prior to sixty-three days before the day of the election.
(b)
Any person who has been nominated and who has accepted a nomination may cause his or her name to be withdrawn from such nomination at any time prior to sixty-three days before the election by a written affidavit withdrawing from such nomination. The affidavit stating withdrawal shall be signed by the candidate and filed with the clerk.
(c)
Repealed.
Amended by 2018 Ch. 104,§ 4, eff. 8/8/2018.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 62, p. 62, § 20, effective February 18. L. 2018: (1)(c) repealed, (SB 18-107), ch. 789, p. 789, § 4, effective August 8. L. 2020: IP(1), (1)(a), and (1)(b) amended, (HB 20-1156), ch. 177, p. 177, § 3, effective September 14.
(1) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (2) For the legislative declaration in SB 18-107, see section 1 of chapter 104, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-911 - Counting mail ballots

The election officials at the mail ballot counting center may receive and prepare mail ballots delivered and turned over to them by the clerk 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 center shall take all precautions necessary to ensure the secrecy of the counting procedures, and the election officials or watchers shall not release any information concerning the count until after 7 p.m. on election day.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-912 - Write-in candidate affidavit in mail ballot elections

No write-in vote for any office shall be counted unless an affidavit of intent to be a write-in candidate has been filed with the clerk by the person wishing to be a write-in candidate not later than sixty-four days before the day of the election. The affidavit of intent must indicate the office to which the affiant desires election and that the affiant is qualified to assume the office if elected.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 9 - PAPER BALLOTS (§§ 31-10-901 — 31-10-913) › Section 31-10-913 - Challenges

Any mail ballot election held pursuant to this part 9 shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the clerk acted in good faith in complying with the provisions of this part 9.
Added by 2014 Ch. 2,§ 20, eff. 2/18/2014.
L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1001 - When absent electors may vote

Any registered elector of a municipality may cast a ballot at the election in the manner provided in sections
31-10-1001
to
31-10-1007
.
L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. L. 87: Entire section amended, p. 329, § 88, effective July 1. L. 93: Entire section amended, p. 1669, § 85, effective July 1; entire section amended, p. 1710, § 10, effective July 1.
(1) This section is similar to former § 31-10-801 as it existed prior to 1975.
(2) This section was amended in Senate Bill 93-242. Those amendments were superseded by the amendment of the section in House Bill 93-1063.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1003 - Self-affirmation on return envelope

(1)
The return envelope shall have printed on its face a self-affirmation substantially in the following form:
"State of .... Municipality of ...., County of ....
I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Colorado; that my residence and post-office address is ....; and that I herein enclose my ballot in accordance with the provisions of the "Colorado Municipal Election Code of 1965". I realize that if any false statements are contained herein that I shall be subject to prosecution for criminal action.
............................................................
Signature of voter"
(2)
(Deleted by amendment, L. 91, p. 641, § 88, effective May 1, 1991.)
Amended by 2014 Ch. 2,§ 22, eff. 2/18/2014.
L. 75: Entire title R&RE, p. 1061, § 1, effective July 1. L. 87: Entire section amended, p. 330, § 90, effective July 1. L. 91: Entire section amended, p. 641, § 88, effective May 1. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 67, § 22, effective February 18.
This section is similar to former § 31-10-803 as it existed prior to 1975.
(1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1004 - Manner of absentee voting by paper ballot

(1)
Any registered elector applying for and receiving an absent voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return identification 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 clerk 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 clerk for mailing or personal delivery to the clerk. All envelopes containing absent voters' ballots shall be in the hands of the clerk not later than the hour of 7 p.m. on the day of election.
(1.5)
(Deleted by amendment, L. 91, p. 641, § 89, effective May 1, 1991.)
(2)
Upon receipt of an absent voter's ballot, the clerk shall write or stamp upon the envelope containing the same the date and hour such envelope was received in his office and, if the ballot was delivered in person, the name and address of the person delivering the same. He shall safely keep and preserve all absent voters' ballots unopened until the time prescribed for delivery to the judges, as provided in section
31-10-1006
.
L. 75: Entire title R&RE, p. 1062, § 1, effective July 1. L. 79: (2) amended, p. 1180, § 23, effective July 1. L. 87: (1) amended and (1.5) added, p. 330, § 91, effective July 1. L. 91: (1) and (1.5) amended, p. 641, § 89, effective May 1. L. 93: (1) amended, p. 1711, § 12, effective July 1.
This section is similar to former § 31-10-804 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1005 - Absent voters' voting machines - electronic voting systems

(1)
Any municipality using voting machines may provide one or more voting machines in the clerk's office for the use of qualified applicants for absent voters' ballots. If such machines are provided, they shall be available from twelve days prior to the election until the closing of business on the Friday immediately preceding the election. Votes on such machines shall be cast and counted in the same manner as votes would be cast and counted on a voting machine in a precinct polling place on election day. The clerk shall supervise the casting and counting of absent voters' ballots on the machines. The machines shall remain locked and the tabulation of the votes cast shall remain unknown until the day of the election.
(2)
Any municipality using an electronic voting system may provide such system for the use of qualified applicants for absent voters' ballots. Such system shall be available from twelve days prior to the election until the closing day of business on the Friday immediately preceding the election. Votes cast using such system shall be cast in the same manner as votes would be cast in a precinct polling place on election day. The clerk shall supervise the casting and counting of absent voters' ballots using such system.
L. 75: Entire title R&RE, p. 1062, § 1, effective July 1.
This section is similar to former § 31-10-805 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1006 - Delivery to judges

Not later than 8:30 a.m. on the day of any municipal election, the clerk shall deliver to the judges of one of the precincts of the municipality, which precinct shall be selected by the clerk, all the absent voters' envelopes received up to that time, in sealed packages, taking a receipt for the packages, together with the list of absent voters, or, in the clerk's discretion, the clerk may elect to deliver the absent voters' envelopes received from electors of each precinct and the list of absent voters for each precinct to the judges of the precinct. The clerk shall continue to deliver any envelopes which may be received thereafter during said day up to and including 7 p.m. On the sealed packages shall be printed or written, "This package contains ....(number) absent voters' ballots." With the envelopes the clerk shall deliver to one of the election judges written instructions, which shall be followed by the judges of election in casting and counting the ballots, and all the books, records, and supplies as are needed for tabulating, recording, and certifying said absent voters' ballots.
L. 75: Entire title R&RE, p. 1062, § 1, effective July 1. L. 79: Entire section amended, p. 1180, § 24, effective July 1. L. 93: Entire section amended, p. 1711, § 13, effective July 1.
This section is similar to former § 31-10-806 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1007 - Casting and counting absentee ballots

(1)
If the self-affirmation on the envelope containing the absentee voter's ballot is properly sworn to, one of the judges shall open such voter's identification envelope in the presence of a majority of the judges, and, after announcing in an audible voice the name of such absentee voter, he or she shall tear open such envelope without defacing the self-affirmation printed thereon or mutilating the enclosed ballot. Such ballot must then be cast and counted in the same manner as if such absentee voter had been present in person; except that one of the judges shall deposit the ballot in the ballot box without unfolding it. If the absentee voters' ballots are delivered to the judges of one precinct selected by the clerk as provided by section
31-10-1006
, the absentee vote must be certified separately from the vote of the precinct where it is counted.
(2)
(Deleted by amendment, L. 91, p. 642, § 90, effective May 1, 1991.)
Amended by 2014 Ch. 2,§ 23, eff. 2/18/2014.
L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 79: Entire section amended, p. 1180, § 25, effective July 1. L. 87: Entire section amended, p. 331, § 92, effective July 1. L. 91: Entire section amended, p. 642, § 90, effective May 1. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 67, § 23, effective February 18.
This section is similar to former § 31-10-807 as it existed prior to 1975.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1008 - Challenge of absentee ballots - rejection - record

(1)
The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the judges of election shall have power to 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 a registered elector, the envelope containing the ballot of such voter shall not be opened, and the judges shall endorse on the back of the envelope the reason therefor. When it is made to appear to the judges of election by sufficient proof that any absentee voter who has marked and forwarded his or her ballot has died, the envelope containing the ballot of such 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 of any one kind, none of such ballots shall be counted, and the judges shall make notation on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absentee voters' ballots cast and counted and the number of such ballots rejected.
(2)
All absentee voters' identification envelopes, ballot stubs, and absentee voters' ballots rejected by the judges of election in accordance with the provisions of this section shall be returned to the clerk. All absentee voters' ballots received by the clerk after 7 p.m. the day of the election, together with those rejected and returned by the judges of election, as provided in this section, shall remain in the sealed identification envelopes and be destroyed later, as provided in section
31-10-616
.
(3)
If an absentee voter's ballot is not returned or if it is rejected and not counted, such fact shall be noted on the record kept by the clerk. Such record shall be open to public inspection under proper regulations.
Amended by 2014 Ch. 2,§ 24, eff. 2/18/2014.
L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 91: (1) amended, p. 642, § 91, effective May 1. L. 93: (2) amended, p. 1711, § 14, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 68, § 24, effective February 18.
This section is similar to former § 31-10-808 as it existed prior to 1975.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 10 - ABSENTEE VOTING (§§ 31-10-1001 — 31-10-1010) › Section 31-10-1009 - [Repealed]

L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 87: Entire section amended, p. 331, § 93, effective July 1. L. 91: Entire section repealed, p. 642, § 92, effective May 1.
Before its repeal, this section was similar to former § 31-10-809 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 11 - CHALLENGE OF VOTERS (§§ 31-10-1101 — 31-10-1106) › Section 31-10-1101 - No voting unless registered

Unless otherwise permitted pursuant to section
31-10-203
, no person shall be permitted to vote at any regular or special election unless his or her name is found on the registration list or official registration book or unless registration in that precinct is confirmed as provided by section
31-10-606(1)
.
Amended by 2014 Ch. 2,§ 25, eff. 2/18/2014.
L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 79: Entire section amended, p. 1181, § 27, effective July 1. L. 81: Entire section amended, p. 1506, § 29, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 68, § 25, effective February 18.
This section is similar to former § 31-10-901 as it existed prior to 1975.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 11 - CHALLENGE OF VOTERS (§§ 31-10-1101 — 31-10-1106) › Section 31-10-1102 - Right to vote may be challenged

(1)
When any person whose name appears on the registration list or in the registration book makes application for a ballot, his right to vote at that poll and election may be challenged. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any person may also be challenged when he offers his ballot for deposit in the ballot box.
(2)
It is the duty of any judge of election to challenge any person offering to vote who he believes is not a registered elector. In addition, challenges may be made by watchers or any registered elector of the precinct who is present.
L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 81: (2) amended, p. 1506, § 30, effective July 1.
This section is similar to former § 31-10-902 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 11 - CHALLENGE OF VOTERS (§§ 31-10-1101 — 31-10-1106) › Section 31-10-1103 - Challenge to be made by written oath

Each challenge shall 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 judges of election shall deliver all challenges and oaths to the clerk at the time the other election papers are returned. The clerk shall forthwith deliver all challenges and oaths to the district attorney for investigation and appropriate action.
L. 75: Entire title R&RE, p. 1064, § 1, effective July 1.
This section is similar to former § 31-10-903 as it existed prior to 1975.
For penalty for perjury under this article, see § 31-10-1506.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 11 - CHALLENGE OF VOTERS (§§ 31-10-1101 — 31-10-1106) › Section 31-10-1105 - Oath of challenged voter

(1)
If the challenge is not withdrawn after the person offering to vote has answered the questions put to him or her, one of the 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 state for twenty-two days next preceding this election and have not retained a home or domicile elsewhere; that you are a resident of this municipality; that you are a registered elector of this precinct; and that you have not voted at this election."
(2)
After the person has taken the oath or affirmation, his ballot shall be received and the word "sworn" shall be written on the pollbook after the person's name.
Amended by 2014 Ch. 2, § 27, eff. 2/18/2014.
L. 75: Entire title R&RE, p. 1065, § 1, effective July 1. L. 92: (1) amended, p. 2179, § 43, effective June 2. L. 94: (1) amended, p. 1775, § 43, effective 1/1/1995. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 69, § 27, effective February 18.
This section is similar to former § 31-10-905 as it existed prior to 1975.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 11 - CHALLENGE OF VOTERS (§§ 31-10-1101 — 31-10-1106) › Section 31-10-1106 - Refusal to answer questions or take oath

If the challenged person refuses to answer fully any question which is put to him as provided in section
31-10-1104
or refuses to take the oath or affirmation tendered as provided in section
31-10-1105
, the judges shall reject his vote.
L. 75: Entire title R&RE, p. 1065, § 1, effective July 1.
This section is similar to former § 31-10-906 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1201 - Returns - canvass

The returns of all municipal elections shall be made to the clerk of the municipality. The clerk shall request the assistance of the mayor of the municipality in conducting the canvass of votes. If there is no mayor or if the mayor has been a candidate at the election, the clerk shall appoint a municipal judge, a member of the election commission, or a person who is qualified to be an election judge and who did not serve as an election judge in the election as an assistant. No later than ten days after the election, the clerk, in the presence of the assistant, shall open the returns and make out abstracts of votes for each office.
Amended by 2015 Ch. 230,§ 10, eff. 8/5/2015.
L. 75: Entire title R&RE, p. 1065, § 1, effective July 1. L. 93: Entire section amended, p. 1712, § 16, effective July 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 857, § 10, effective August 5.
This section is similar to former § 31-10-1001 as it existed prior to 1975.
For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1202 - Imperfect returns

When the clerk and his assistant find that the returns from any precinct do not strictly conform to the requirements of law in making, certifying, and returning the same, the votes cast in such precinct nevertheless shall be canvassed and counted if such returns are sufficiently explicit to enable such persons authorized to canvass votes and returns to determine therefrom how many votes were cast for the several candidates.
L. 75: Entire title R&RE, p. 1066, § 1, effective July 1.
This section is similar to former § 31-10-1002 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1203 - Corrections

If, upon proceeding to canvass the votes, it clearly appears to the clerk and his assistant that in any statement produced to them certain matters are omitted which should have been inserted or that any mistakes which are merely clerical exist, they shall cause the statement to be sent to the precinct judges from whom they were received to have the same corrected. The judges of election, when so demanded, shall make such correction as the facts of the case require but shall not change or alter any decision made before by them. The clerk and his assistant may adjourn from day to day for the purpose of obtaining and receiving such statement.
L. 75: Entire title R&RE, p. 1066, § 1, effective July 1.
This section is similar to former § 31-10-1003 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1204 - Tie - lots - notice to candidates

If any two or more candidates receive an equal and the highest number of votes for the same office and if there are not enough offices remaining for all such candidates, the clerk and his assistant 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.
L. 75: Entire title R&RE, p. 1066, § 1, effective July 1.
This section is similar to former § 31-10-1004 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1205 - Statement - certificates of election

(1)
The clerk shall immediately make out statements from the abstract of votes which shall show the names of the candidates and the whole number of votes given to each, distinguishing the several precincts in which they were given. The clerk and his assistant shall certify such statement to be correct and subscribe their names thereto. They shall thereupon determine which persons have been by the greatest number of votes duly elected and shall endorse and subscribe on such statements a certificate of their determination.
(1.5)
In any election in a municipality that utilizes four-year overlapping terms of office for members of the governing body as provided in sections
31-4-107(3)
and
31-4-301(5)
, any available four-year terms of office shall be awarded to the candidate or the candidates receiving the highest number of votes. The term of office of the candidate or candidates receiving the next highest vote total or totals shall be shortened as provided in sections
31-4-107(3)
and
31-4-301(5)
.
(2)
The clerk shall record in his or her office, in a book to be kept for that purpose, each such certified statement and determination and shall, without delay, make out and transmit to each of the persons declared to be elected a certificate of election, certified by the clerk under his or her seal of office. The clerk shall also, without delay, cause a copy of the certified statement and determination to be published in a newspaper of general circulation within the municipality or posted when no newspaper is published within the municipality. The clerk shall also file a copy with the division of local government in the department of local affairs, which shall post the same on its official website in a form that is readily accessible to the public. The secretary of state shall provide a hyperlink to such posting on his or her official website.
Amended by 2016 Ch. 19,§ 1, eff. 8/10/2016.
L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. L. 93: (1.5) added, p. 1712, § 17, effective July 1. L. 96: (1.5) amended, p. 1769, § 66, effective July 1. L. 2016: (2) amended, (HB 16-1012), ch. 19, p. 44, § 1, effective August 10.
This section is similar to former § 31-10-1005 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 12 - CANVASS OF VOTES (§§ 31-10-1201 — 31-10-1207) › Section 31-10-1206 - Fees of municipal judge

Each municipal judge appointed to assist the clerk in opening the returns of any municipal election and making abstracts of the votes cast thereat, as required in this article, shall receive for such services the sum of ten dollars for each day in which he is actually engaged therein, to be paid by the municipality in which such service is rendered.
L. 75: Entire title R&RE, p. 1066, § 1, effective July 1.
This section is similar to former § 31-10-1006 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 13 - CONTESTS (§§ 31-10-1301 — 31-10-1308) › Section 31-10-1301 - Who may contest - causes

(1)
The election of any person declared duly elected to any municipal office may be contested by any registered elector of such municipality:
(a)
When the contestee is not eligible for the office to which he has been declared elected;
(b)
When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results;
(c)
For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to change the result;
(d)
For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant if the malconduct, fraud, or corruption would be sufficient to change the result;
(e)
For any other cause which shows that another was the legally elected person.
L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: IP(1) amended, p. 331, § 94, effective July 1.
This section is similar to former § 31-10-1101 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › MUNICIPAL ELECTIONS (§§ 31-10-101 — 31-11-118) › Article 10 - MUNICIPAL ELECTION CODE (§§ 31-10-101 — 31-10-1540) › Part 13 - CONTESTS (§§ 31-10-1301 — 31-10-1308) › Section 31-10-1302 - District judge to preside - bond

(1)
All contested election cases of municipal officers shall be tried and determined in the district court of the county in which the municipality is located. Where a municipality is located in more than one county, the district court of either county has jurisdiction. The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution thereon shall be according to the rules and practices of the district court.
(2)
Before the district court is required to take jurisdiction of the contest, the contestor must file with the clerk of said court a bond, with sureties, to be approved by the district judge, running to said contestee and conditioned to pay all costs in case of failure to maintain his contest.
L. 75: Entire title R&RE, p. 1067, § 1, effective July 1.
This section is similar to former § 31-10-1102 as it existed prior to 1975.