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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 1 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-116) › Section 1-7.5-113.5 - Voting at county jails or detention centers - definition

(1)
Each county clerk and recorder shall coordinate with the individual who the county sheriff has designated as the sheriff's designee pursuant to section 30-10-529 at each county jail or detention center to facilitate voting for all confined eligible electors. The clerk and recorder shall provide training and technical assistance to the sheriff's designee and shall, at a minimum, use the materials created by the office of the secretary of state pursuant to section 1-1-107 (8).
(2)
The election plan required by section
1-7.5-105
must include the following information:
(a)
How the county clerk and recorder will provide each county jail or detention center with voter information materials consistent with the materials provided to nonconfined eligible electors, including at a minimum a list of acceptable forms of identification under section
1-1-104
(19.5) and the information required by sections
1-40-124.5
and
1-40-125
, and how the sheriff's designee will ensure reasonable access to such materials and information in accordance with section 30-10-529 (3);
(b)
The process by which the county clerk and the sheriff's designee will facilitate voter registration, each of the services required during in-person voting set forth in subsection (4) of this section, and delivery and retrieval of mail ballots for confined eligible electors;
(c)
(d)
The number of confined eligible voters who registered to vote in the prior year and the number of confined eligible voters who voted in the last November election; and
(e)
How the clerk and recorder and the sheriff's designee will facilitate the process for a confined eligible elector to cure a deficiency on their ballot pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5).
(3)
(a)
After ballots have been delivered pursuant to the process identified in subsection (2)(b) of this section, the sheriff's designee shall inspect all outgoing mail at the county jail or detention facility for ballots and shall ensure that any ballots in outgoing mail are placed instead in a designated location for collection.
(b)
By no later than 9:00 a.m. on election day, the sheriff's designee shall ensure that confined individuals have information regarding the location where confined eligible electors must deposit their ballots and the latest time on election day that ballots may be deposited at the designated location.
(c)
(I)
Beginning not earlier than 3:00 p.m. on election day, a team of bipartisan election judges acting at the direction of the clerk and recorder of the county in which the jail or detention center is located shall conduct a final collection of ballots that have been deposited at the designated location.
(II)
As used in this subsection (3)(c), "election judge" has the same meaning as set forth in section 1-6-101 (1).
(4)
(a)
(I)
For a general election, the sheriff's designee shall coordinate with the county clerk and recorder to provide, at a minimum, one day of in-person voting for confined eligible electors at the county jail or detention center. The in-person voting must be open for at least six hours and be held on any day between the fifteenth day before election day and the fourth day before election day.
(II)
If on the date that in-person voting is scheduled for, access to the county jail or detention center is unavailable due to a lock down or other exigent circumstances, then the sheriff's designee shall work with the county clerk and recorder to schedule a different date for in-person voting to be held in accordance with this subsection (4).
(b)
During the in-person voting, the county clerk and recorder and the sheriff's designee shall provide:
(I)
The ability for a confined individual, if eligible to vote, to register to vote or update their voter registration record;
(II)
The ability for a confined eligible elector to cast a ballot and do so without violating the confined eligible elector's right to a secret ballot;
(III)
The ability for a confined eligible elector who is detained in a county jail or detention center outside the confined eligible elector's county of residence to cast a ballot containing only statewide races and measures;
(IV)
Reasonable accommodation in accordance with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, that allow a confined individual with a disability, if eligible to vote, to register to vote and update their voter registration record and a confined eligible elector with a disability to cast a ballot;
(V)
The ability to accept mail ballots that are deposited by confined eligible electors;
(VI)
The ability for a confined eligible elector to submit a mail ballot cure form pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5); and
(VII)
The ability of a confined individual to cast a provisional ballot.
(5)
Before registering a confined individual to vote, updating a confined individual's voter registration, or allowing a confined individual to vote in any election, the county clerk and recorder must access the confined individual's record within the department of corrections' online offender database to confirm that the confined individual is not currently serving a sentence for a felony conviction.
(6)
The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to administer and enforce the requirements of this section.
Amended by 2024 Ch. 298,§ 3, eff. 5/31/2024, app. to elections that are conducted on or after 5/31/2024.
Amended by 2023 Ch. 399,§ 36, eff. 6/6/2023.
Added by 2021 Ch. 282, § 40, eff. 6/21/2021.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act adding this section applies to elections conducted on or after June 21, 2021.