2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-40-101 — 37-50-142) › CONSERVATION AND IRRIGATION DISTRICTS (§§ 37-41-101 — 37-50-142) › Article 50 - REPUBLICAN RIVER WATER CONSERVATION DISTRICT (§§ 37-50-101 — 37-50-142) › Section 37-50-128 - Conduct of election

(1)
Except as otherwise provided in this article, an election held pursuant to this article shall be opened and conducted in the manner then provided by the laws of this state for the conduct of general elections.
(2)
If an election is held concurrently with a primary or general election, the county clerk and recorder of each county in which the district holding the election is located shall perform for the district election the acts provided by law to be performed by such officials. If an election is not held concurrently with a primary or general election, such acts shall be performed by the secretary of the district with the assistance of the county clerk and recorders. The board and county clerk and recorders are authorized to agree among themselves upon the division of such acts and the determination of persons to perform them.
(3)
An elector of the district may vote in an election by absent voter's ballot under such terms and conditions, and in substantially the same manner insofar as is practicable, as prescribed in article
7.5
of title
1
, C.R.S., of the "Uniform Election Code of 1992", for general elections, except as specifically modified in this article.
(4)
All acts required or permitted to be performed by a county clerk and recorder shall be performed by each one respectively in the event of a primary or general election and by the secretary or assistant secretary of the board in the event of any other election, unless the services of the county clerk and recorder in each such county are contracted for, but no oath shall be administered by the secretary or assistant secretary unless he or she is also an officer authorized to administer oaths.
(5)
Application may be made for an absent voter's ballot not more than twenty days and not less than four days before the election.
(6)
No consideration shall be given nor distinction made with reference to any person's affiliation or the lack thereof.
(7)
The return envelope for the absent voter's ballot shall have printed on its face an affidavit substantially in the following form:
"State of Colorado, county of ............, I, ...................., being first duly sworn according to law, depose and say that the address of my residence is ............; that I am a person qualified to vote in general elections in the state of Colorado and am a resident of the Republican river water conservation district at the time of this election.
.................................. Signature of voter Subscribed and sworn to before me this ... day of ........., 20.... ................................................. (Signature of notary public, county clerk and recorder, or other officer authorized to administer oaths) (SEAL) .................................. Title of office"
(8)
In any such election at which voting machines are used, the board shall provide paper ballots for absent voters containing the same question as will be submitted to the electors by the voting machines, subject to subsection (9) of this section.
(9)
The district may provide for voters to cast their mail ballots on voting machines expressly provided for that purpose, if each mail voter indicates by affidavit that he or she is qualified to vote at the election.
(10)
If there is a direct conflict between this section and the provisions governing elections in section 20 of article X of the state constitution, section 20 of article X of the state constitution shall prevail.
Amended by 2013 Ch. 185,§ 137, eff. 5/10/2013.
L. 2004: Entire article added, p. 1920, § 1, effective August 4. L. 2008: (9) amended, p. 1913, § 127, effective August 5. L. 2009: (9) amended, (HB 09-1216), ch. 165, p. 731, §12, effective August 5. L. 2013: (3) and (9) amended, (HB 13-1303), ch. 185, p. 752, § 137, effective May 10.
(1) For the "Uniform Election Code of 1992", see articles 1 to 13 of title 1. (2) In 2013, subsections (3) and (9) were amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.