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 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 1-7.5-108.5 - Designation of inactive status in connection with mailing of mail ballots

In connection with any election conducted on or after May 10, 2013, if a mail ballot sent to a registered elector is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the word "Inactive". The clerk and recorder shall mail a confirmation card pursuant to section
1-2-605
to any elector whose ballot was returned by the United States postal service as undeliverable.
Amended by 2013 Ch. 185,§ 89, eff. 5/10/2013.
L. 2008: Entire section added, p. 1742, § 2, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 733, § 89, effective May 10.
In 2013, this section was 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.
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 1-7.5-109 - Write-in candidates

A write-in candidate is allowed in mail ballot elections if the candidate has filed an affidavit of intent with the designated election official pursuant to section
1-4-1101
. Ballots for write-in candidates are counted pursuant to section
1-7.5-206
.
Amended by 2013 Ch. 185, § 90, eff. 5/10/2013.
L. 92: Entire article R&RE, p. 757, § 10, effective 1/1/1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 734, § 90, effective May 10.
In 2013, this section was 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.
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 1-7.5-110 - Challenges

Votes cast pursuant to this article may be challenged pursuant to and in accordance with law. Any mail ballot election held pursuant to this article shall 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 the provisions of this article or with rules promulgated by the secretary of state.
L. 92: Entire article R&RE, p. 757, § 10, effective 1/1/1993.
This section is similar to former § 1-7.5-109 as it existed prior to 1992.
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 1-7.5-111 - [Repealed]

L. 92: Entire article R&RE, p. 757, § 10, effective 1/1/1993. L. 96: Entire section repealed, p. 1269, § 192, effective August 7.
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 1-7.5-112 - [Repealed]

L. 92: Entire article R&RE, p. 757, § 10, effective 1/1/1993. L. 94: Entire section repealed, p. 1167, § 42, effective July 1.
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 - Voting at group residential facilities

(1)
If a group residential facility does not have mail boxes in which a representative of the United States postal service may directly deposit mail, and more than seven mail ballots are to be sent to that group residential facility, a committee consisting of one employee of the county clerk and recorder of the county in which the facility is located and, where available, a representative appointed by each of the major political parties shall deliver the mail ballots and return the voted ballots to the office of the county clerk and recorder. The delivery of ballots under this section may begin on the forty-fifth day before election day.
(2)
For nonpartisan elections, including independent mail ballot elections conducted pursuant to part 11 of article
13.5
of this title, the designated election official shall appoint a committee that consists of two or more election judges or employees or representatives of the designated election official. The voted ballots must be returned to the office of the designated election official.
Amended by 2021 Ch. 282,§ 39, eff. 6/21/2021.
Amended by 2014 Ch. 2,§ 37, eff. 2/18/2014.
Added by 2013 Ch. 185,§ 91, eff. 5/10/2013.
L. 2013: Entire section added, (HB 13-1303), ch. 734, p. 734, § 91, effective May 10. L. 2014: Entire section amended, (HB 14-1164), ch. 72, p. 72, § 37, effective February 18.
Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(1) In 2013, this section was added 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. (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 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 1-7.5-114 - Watchers at voter service and polling centers

Any political party, candidate, proponents, or opponents of a ballot issue entitled to have watchers at voter service and polling centers each has the right to maintain one watcher in the office of the designated election official and each voter service and polling center during the period in which mail ballots may be applied for or received.
Added by 2013 Ch. 185,§ 91, eff. 5/10/2013.
L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10.
In 2013, this section was added 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.
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 1-7.5-114.5 - Replacement ballots - ballots for new electors - ballots for electors who updated their records

(1)
An eligible elector may obtain a replacement ballot if the ballot that was originally mailed to the elector was destroyed, spoiled, lost, or for some other reason not received by the elector. To obtain a replacement ballot by mail, the elector shall make a request to the county clerk and recorder for a replacement ballot no later than the eighth day before an election. The county clerk shall not mail a replacement ballot to the elector making the request if the clerk has already received a ballot for that election from the elector making the request.
(2)
(a)
Commencing on the fifteenth day before the election, the county clerk and recorder shall deliver any ballot that must be sent by mail to the United States postal service within two business days after processing a registration application or an update to a voter registration record that requires a new ballot to be sent to an elector.
(b)
Commencing on the eleventh day before the election, the county clerk and recorder shall mail all mail ballots to electors by first class mail.
(c)
Commencing on the eighth day before an election, the county clerk and recorder shall deliver to the United States postal service any ballot that must be sent by mail within two business days after receiving a registration application or an update to a voter registration record that results in the issuance of an original or a replacement mail ballot to an elector.
(d)
Any county clerk who receives information from the United States postal service or any other third party indicating that ballots have been lost, stolen, or will, for any reason, not be timely delivered to electors, shall report the issue to the secretary of state.
Added by 2020 Ch. 260,§ 3, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1313), ch. 1255, p. 1255, § 3, effective September 14.
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 1-7.5-116 - [Repealed]

Repealed by 2018 Ch. 262,§30, eff. 5/29/2018.
L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 734, § 91, effective May 10. L. 2014: (1)(a) amended, (HB 14-1164), ch. 2, p. 73, § 38, effective February 18. Initiated 2016: (1)(b) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2826. L. 2018: Entire section repealed, (SB 18-233), ch. 262, p. 1613, § 30, effective May 29.
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 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-202 - Hours a counting place open for receiving and counting mail ballots

(1)
The election officials at the counting place may receive and prepare for tabulation mail ballots delivered and turned over to them by the county clerk and recorder or designated election official.
(2)
Counting of the mail ballots may begin fifteen days prior to the election, and counties with more than ten thousand active electors as of the date of the previous general election must begin no later than four days prior to the election, and shall continue until counting is completed.
(3)
The election officials in charge of the counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count may be released by the election officials or watchers until after 7 p.m. on election day.
Amended by 2023 Ch. 399,§ 37, eff. 6/6/2023.
Added by 2013 Ch. 185, § 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 738, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-203 - Delivery of mail ballots to supervisor judge

At any time during the fifteen days prior to and including the election day, the county clerk and recorder or designated election official shall deliver to the counting place judges all the mail ballot envelopes received up to that time in packages or in ballot boxes that are locked and secured with a numbered seal, and the record of mail ballots as provided for in section
1-7.5-106.5(3)
for which a receipt will be given. The county clerk and recorder or designated election official shall continue to deliver any envelopes containing mail ballots that may be received thereafter up to and including 7 p.m. on election day.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 739, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-204 - Preparing to count mail ballots - rejections

(1)
(a)
Before opening any mail ballot, one of the receiving judges, in the presence of a majority of the receiving judges, shall inspect the self-affirmation on the return envelope.
(b)
The self-affirmation is valid if:
(I)
The self-affirmation was completed by the elector;
(II)
The self-affirmation was signed by the elector or, if the elector is unable to sign, marked by the elector with or without assistance and witnessed by another person; and
(III)
In any election conducted by a county clerk and recorder, the signature on the self-affirmation matches the signature stored in the statewide voter registration system, or the eligible elector's marks on the application and the self-affirmation were witnessed by other persons.
(c)
If the self-affirmation is valid, the receiving judge shall open the envelope without defacing the self-affirmation or mutilating the enclosed ballot.
(d)
For the purposes of subparagraph (III) of paragraph (b) of this subsection (1), the signatures on an eligible elector's self-affirmation and stored in the statewide voter registration system shall be compared in the manner prescribed by section
1-7.5-107.3
.
(2)
If the self-affirmation on the return envelope is invalid, the election judges shall mark the envelope "rejected" and shall write on the envelope the reason for the rejection. The envelope shall be set aside without being opened, and the ballot, if cured, shall be counted.
(3)
If it appears to the election judges, by sufficient proof, that a mail ballot sent to an elector who died before receiving the ballot contains a forged affidavit, the envelope containing the ballot of the deceased voter shall not be opened, and the election judges shall make notation of the death and fraudulent signature on the back of the envelope. The ballot shall be forwarded to the district attorney for investigation of a violation of section
1-13-106
. If a mail ballot envelope contains more than one marked ballot of any one kind, none of the ballots shall be counted, and the election judges shall write the reason for rejection.
Amended by 2014 Ch. 160,§ 20, eff. 5/9/2014.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 739, § 92, effective May 10. L. 2014: (1)(b)(I) amended, (SB 14-161), ch. 160, p. 565, § 20, effective May 9.
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 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-205 - Counting mail ballots

(1)
Mail ballots and any ballots cast at a voter service and polling center in lieu of a mail ballot must be counted after delivery of the ballots as provided in section
1-7.5-203
and after preparation of the ballots as provided in section
1-7.5-204
.
(2)
Mail ballots must be counted in one of the following ways:
(a)
In counties that use paper ballots, the mail ballots may be counted in the same manner as paper ballots.
(b)
Any county may use electronic vote-tabulating equipment for the counting of mail ballots in the same manner provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article
7
of this title.
(c)
[Repealed by 2024 amendment]
Amended by 2024 Ch. 468,§ 40, eff. 6/6/2024.
Added by 2013 Ch. 185, § 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-206 - Paper ballots or electronic system

In political subdivisions using a ballot card electronic voting system, mail ballots may be cast on paper ballots or may be cast on ballot cards and counted by electronic voting equipment, or both methods may be used.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-207 - Voter verification - mail ballot information

Each county clerk and recorder shall provide electors, upon request, with information on whether the mail ballot cast by the elector was received by the county clerk and recorder, including an online mail ballot tracking system or response by other electronic or telephonic means.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-208 - Certificate of mail ballots cast - survey of returns

(1)
Repealed.
(2)
Upon the survey of the returns of the political subdivision by the board of canvassers formed pursuant to section
1-10-101
or
1-10-201
, the board shall include in its abstract of votes the votes cast in the voter service and polling center and counted at the counting place in the manner provided for abstracting votes cast and counted in accordance with article
10
of this title.
(3)
(a)
(I)
The returns certified by the judges and the abstract of votes cast certified by the canvass board shall, except as provided in subparagraph (II) of this paragraph (a), indicate the number of votes cast in each precinct for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected, except as otherwise provided in paragraph (b) of this subsection (3).
(II)
For primary and coordinated elections, the judges and canvass board shall either:
(A)
Certify the votes cast in each precinct pursuant to subparagraph (I) of this paragraph (a); or
(B)
Certify on the returns and the abstract of votes cast the number of votes cast on each ballot style for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected.
(b)
If the total number of votes cast and counted in any precinct is less than ten, the returns for all such precincts in the political subdivision shall be reported together.
Amended by 2014 Ch. 302,§ 2, eff. 5/31/2014.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 740, § 92, effective May 10. L. 2014: (1) repealed, (HB 14-1363), ch. 302, p. 1261, § 2, effective May 31.
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 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-209 - Preservation of rejected mail ballots

All identification envelopes and mail ballots rejected by the election judges in accordance with section
1-7.5-204
must be returned to the designated election official. All mail ballots received by the county clerk and recorder or designated election official after 7 p.m. on the day of the election, together with the rejected mail ballots returned by the election judges as provided in this section, must remain in the sealed identification envelopes and may be destroyed as provided in section
1-7-802
.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 741, § 92, effective May 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 7.5 - MAIL BALLOT ELECTIONS (§§ 1-7.5-101 — 1-7.5-210) › Part 2 - COUNTING MAIL BALLOTS (§§ 1-7.5-201 — 1-7.5-210) › Section 1-7.5-210 - Maintenance of mail ballot election voting records - transmittal of such records to secretary of state

The county clerk and recorder or designated election official shall maintain a record identifying the name and voting address of each elector who casts a ballot by mail or at a voter service and polling center at any election.
Added by 2013 Ch. 185,§ 92, eff. 5/10/2013.
L. 2013: Entire part added, (HB 13-1303), ch. 185, p. 741, § 92, effective May 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 8 - [Repealed] MAIL-IN AND EARLY VOTING (§ 1-8-101) › Section 1-8-101 - to 1-8-311 - [Repealed]

L. 2014: Entire article repealed, (HB 14-1164), ch. 2, p. 77, § 51, effective February 18.
This article was numbered as article 14 of chapter 49, C.R.S. 1963.
For current provisions relating to mail ballots and early voting in nonpartisan local government elections not conducted by county clerk and recorders, see article 13.5 of this title.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-101 - Short title

This article may be cited as the "Uniform Military and Overseas Voters Act".
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 664, §1, effective May 13.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-103 - Elections covered

(1)
The voting procedures in this article apply to:
(a)
A general, congressional vacancy, or primary election for federal office;
(b)
A general, recall, or primary election for statewide or state legislative office or state ballot measure;
(c)
Any other election coordinated by the county clerk and recorder; and
(d)
An election conducted under article
13.5
of this title.
Amended by 2014 Ch. 2,§ 39, eff. 2/18/2014.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 666, §1, effective May 13. L. 2014: (1)(d) added, (HB 14-1164), ch. 2, p. 73, § 39, effective February 18.
OFFICIAL COMMENT
The first category of elections delineated in this section is the only category covered by the UOCAVA. However, even for these elections, this act provides additional accommodations to military and overseas voters that are not provided under the UOCAVA. The second and third categories of state and local elections extend the act's accommodations to non-federal elections not within the UOCAVA scope. These two categories are distinguished primarily to permit an enacting state more easily to consider providing different accommodations to military and overseas voters depending on the type of election.
For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-105 - Effect of "Uniformed and Overseas Citizens Absentee Voting Act" - emergency authority of secretary of state

(1)
In the event of any conflict between this article and any provisions of the federal "Uniformed and Overseas Citizens Absentee Voting Act",
52 U.S.C. sec. 20301
et seq., the provisions of the federal act shall control, and all designated election officials who are charged with the performance of duties under this code shall perform the duties and discharge the obligations placed upon them by the federal act.
(2)
If a national or local emergency arises that makes substantial compliance with the provisions of this article impossible or unreasonable, such as when congress has declared a national emergency or the president has ordered into active military service of the United States any units and members of the National Guard of this state, the secretary of state may prescribe, by emergency orders or rules, such special procedures or requirements as may be necessary to facilitate absentee voting by those members of the military or military support personnel directly affected by the emergency.
Amended by 2016 Ch. 173,§ 56, eff. 5/18/2016.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 667, §1, effective May 13.L. 2016: (1) amended, (SB 16-142), ch. 173, p. 585, § 56, effective May 18.
This section is similar to former § 1-8-103 as it existed prior to 2011.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-106 - Overseas voter's registration address

In registering to vote, an overseas voter who is eligible to vote in this state shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in this state, or, in the case of a voter described by section
1-8.3-102(2)(d)
, the address of the last place of residence in this state of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned an address for voting purposes.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 667, §1, effective May 13.
OFFICIAL COMMENT
This section specifies the address of the last place of residence as the address to be used as the voter registration address, and instructs election officials to assign an administratively convenient address to a voter who has no last place of residence in the state. When election officials must assign a voter a non-standard address, where possible they should place the voter in the same precinct or district as the last place of residence, were it still a recognized residential address.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-107 - Methods of registering to vote

(1)
To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application's electronic equivalent.
(2)
A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot. If the declaration is received after the election, it shall be treated as an application to register to vote for subsequent elections.
(3)
The secretary of state shall ensure that the electronic transmission system described in section
1-8.3-104(3)
is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote.
Amended by 2018 Ch. 262,§ 31, eff. 5/29/2018.
Amended by 2013 Ch. 185,§ 105, eff. 5/10/2013.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 668, §1, effective May 13. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 744, § 105, effective May 10. L. 2018: (2) amended, (SB 18-233), ch. 262, p. 1614, § 31, effective May 29.
OFFICIAL COMMENT
Both this section and section
1-8.3-108
are designed to encourage the use of the federal postcard application while yet allowing military and overseas voters to use a state's pre-existing voter forms, and to permit states to develop alternative forms if they wish. However, the sections are not intended to require states or local election jurisdictions to revise their existing forms, or to prepare new forms for voters covered under this act. Instead, to the extent that a state's existing forms do not collect sufficient information to properly classify overseas and military voters, section
1-8.3-108(5)
requires voters who use the state forms to affirmatively indicate their status as a covered voter. States that choose to revise their forms for whatever reason should ensure that the revised forms facilitate voting under this act.
In 2013, subsection (2) was 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.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-109 - Timeliness of application for ballot

If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election.
Amended by 2014 Ch. 160,§ 23, eff. 5/9/2014.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, §1, effective May 13. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 565, § 23, effective May 9.
OFFICIAL COMMENT
Many states accept regular absentee ballot applications up until just a few days before an election, or later. Because military and overseas voters can use electronic transmission methods both to request and to receive blank ballots, this section allows them to take advantage of an application deadline close to the election.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-110 - Transmission of unvoted ballots

(1)
For an election described in section
1-8.3-103
for which this state has not received a waiver pursuant to section 579 of the federal "Military and Overseas Voter Empowerment Act",
52 U.S.C. sec. 20302(g)(2)
, not later than forty-five days before the election, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid ballot application.
(2)
A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, other electronic means. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(3)
If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter within seventy-two hours after the receipt of the application.
Amended by 2016 Ch. 173,§ 57, eff. 5/18/2016.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, §1, effective May 13. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 585, § 57, effective May 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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-111 - Timely casting of ballot

To be valid, a ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later than 7:00 p.m. mountain time on the date of the election.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, §1, effective May 13.
OFFICIAL COMMENT
Requiring that the ballot be completed by 12:01 a.m. local time on Election Day ensures that covered voters will not be able to cast a vote with knowledge of the election night returns of the jurisdiction whose ballot the voter is voting. One way in which a military-overseas ballot may be submitted for mailing by a uniformed service member is by giving the ballot to the mail clerk or designated service member responsible for handling mail for a particular unit of the uniformed services. Also allowing a valid ballot to be received by local officials through the close of the polls will increase the voting time available in those circumstances in which facsimile or other electronic transmission of voted ballots is permitted.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-112 - Federal write-in absentee ballot

(1)
A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section
1-8.3-103
.
(2)
The covered voter may designate the candidate by writing in the name of the candidate or by writing in the name of a political party or political organization, in which case the ballot shall be counted for the candidate of that political party or political organization. Any abbreviation, misspelling, or other minor variation in the form of the name of the candidate, political party, or political organization shall be disregarded in determining the validity of the ballot as long as the intention of the covered voter can be ascertained.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, §1, effective May 13.
Subsection (2) is similar to former § 1-8-117(4)(b) as it existed prior to 2011.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-113 - Transmission and receipt of ballot

(1)
A covered voter who requested and received ballot materials by electronic transmission may also return the ballot by electronic transmission:
(a)
In circumstances where another more secure method, such as returning the ballot by mail, is not available or feasible, as specified in rules promulgated by the secretary of state; or
(b)
If the ballot is for a recall election conducted under article 12 of this code.
(2)
A valid ballot cast in accordance with section
1-8.3-111
shall be counted if it is received by the close of business on the eighth day after an election at the address that the appropriate state or local election office has specified.
(3)
If, at the time of completing a ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot shall not be rejected as late.
Amended by 2014 Ch. 170,§ 13, eff. 5/9/2014.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, §1, effective May 13. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 622, § 13, effective May 9.
OFFICIAL COMMENT
The language in subsection (2) is intended to capture the deadline for the event when local election officials complete or certify their official counting of ballots, by whatever name that event is known in the state. Even those ballots of overseas and military voters that arrive after election day can and must be included in these official results if local election officials have received them by the day before the deadline for this event, giving local election officials that day to process them before making their return or certification.
The act precludes rejecting a military-overseas ballot for lack of a postmark (or for a late postmark) in light of the fact that many pieces of military mail enter the postal system through delivery to a mail clerk in a remote location without a postmark, and are only postmarked some days later when they reach a more established facility.
For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-114 - Declaration

A ballot shall include or be accompanied by the signed affirmation required by the federal "Uniformed and Overseas Citizens Absentee Voting Act",
52 U.S.C. sec. 20301
et seq.
Amended by 2016 Ch. 173,§ 58, eff. 5/18/2016.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, §1, effective May 13. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 585, § 58, effective May 18.
OFFICIAL COMMENT
A declaration made under this section should be structured as an affirmation that plainly subjects a covered voter to the perjury laws of the enacting state.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-116 - Publication of election notice

(1)
At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the secretary of state shall prepare an election notice to be used in conjunction with a federal write-in absentee ballot. The election notice shall contain a list of all of the federal and state offices that as of that date the secretary of state expects to be on the ballot on the date of the election. The notice shall also contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested. The secretary of state shall post the notice on the official website of the secretary of state.
(2)
A covered voter may request a copy of an election notice. The county clerk and recorder shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
(3)
As soon as ballot styles are certified, and not later than the date ballots are required to be transmitted to voters under article 7.5 or 8 of this title, the secretary of state shall update the notice with the certified statewide ballot questions and candidates for each office.
(4)
A county having one or more covered voters and that maintains a website shall provide a link to the election notice maintained on the secretary of state's official website.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, §1, effective May 13.
OFFICIAL COMMENT
This section ensures that election jurisdictions facilitate voting first by making readily available to overseas and military voters a list of the offices and issues to be contested at an upcoming election, and later by also making candidate names readily and quickly available to these voters, thereby permitting voters who have not received the printed ballot to make the most effective use of the federal write-in absentee ballot.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-117 - Covered voter may file complaint

Any covered voter alleging a grievance may file a complaint with the secretary of state as specified in section
1-1.5-105
.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, §1, effective May 13.
OFFICIAL COMMENT
In addition to providing an enforcement mechanism for other provisions of this act, this section would also empower courts to adopt emergency rules or procedures in the event that exigent circumstances otherwise make compliance with the act impossible or impracticable.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-118 - Uniformity of application and construction

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, §1, effective May 13.
OFFICIAL COMMENT
The act also should be construed in harmony with the Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff
et seq.
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 8.3 - UNIFORM MILITARY AND OVERSEAS VOTERS ACT (§§ 1-8.3-101 — 1-8.3-119) › Section 1-8.3-119 - Relation to electronic signatures in global and national commerce act

This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, §1, effective May 13.
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 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-101 - Provisional ballot - entitlement to vote

(1)
At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county clerk and recorder by election judges at the polling location is entitled to cast a provisional ballot in accordance with this article.
(2)
An elector who desires to vote but does not show identification in accordance with section
1-7-110(2)
may cast a provisional ballot.
(3)
Repealed.
(4)
No elector shall be denied the right to cast a provisional ballot in any election held pursuant to this title.
(5)
Repealed.
Amended by 2021 Ch. 282,§ 41, eff. 6/21/2021.
Amended by 2016 Proposition 108, effective upon proclamation of the Governor, 12/27/2016.
Amended by 2013 Ch. 185,§ 106, eff. 5/10/2013.
L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2007: (3) amended, p. 1794, § 54, effective June 1. L. 2009: (3) amended and (5) added, (HB 09-1216), ch. 730, p. 730, § 7, effective August 5. L. 2013: (1) amended and (3) repealed, (HB 13-1303), ch. 744, p. 744, § 106, effective May 10. Initiated 2016: (5) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2827.
(1) This section was amended by initiative in 2016. The vote count on Proposition 108 at the general election held November 8, 2016, was as follows:
FOR: 1,398,577
AGAINST: 1,227,117
(2) Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act changing this section applies to elections conducted on or after June 21, 2021.
(1) In 2013, subsection (1) was amended and subsection (3) was repealed 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. (2) For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.
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 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-101.5 - Electronic voting device - use for casting provisional ballot

(1)
An electronic voting device may be used to cast a provisional ballot if the device is certified by the secretary of state for that purpose.
(2)
If an electronic voting device that is certified for use with provisional ballots is used in an election, the designated election official shall determine whether electors casting provisional ballots shall use the electronic voting device or paper provisional ballots.
L. 2006: Entire section added, p. 2033, § 15, effective June 6.
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 8.5 - PROVISIONAL BALLOTS (§§ 1-8.5-101 — 1-8.5-112) › Section 1-8.5-102 - Form of provisional ballot

(1)
A provisional ballot shall contain text clearly identifying it as a provisional ballot.
(2)
An elector casting a provisional ballot shall complete an affidavit and receive information and instructions on the voting and handling of provisional ballots. The secretary of state shall prescribe by rules promulgated in accordance with article
4
of title
24
, C.R.S., the language of the affidavit, information, and instructions.
(3)
Each polling location using paper provisional ballots must have on hand a sufficient number of provisional ballots in all ballot styles applicable to that polling location and a sufficient number of provisional ballot envelopes.
Amended by 2013 Ch. 185,§ 107, eff. 5/10/2013.
L. 2005: Entire article added, p. 1415, § 39, effective June 6; entire article added, p. 1450, § 39, effective June 6. L. 2006: (2) and (3) amended, p. 2033, § 16, effective June 6. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 745, § 107, effective May 10.
In 2013, subsection (3) was 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.