ARTICLE 1 ELECTIONS GENERALLY

Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.

Law reviews: For a discussion of a Tenth Circuit decision dealing with elections, see 66 Den. U.L. Rev. 757 (1989); for article, "Psst-There's a New Election Code", see 22 Colo. Law. 1703 (1993); for article, "Hey, They Revised the Election Code Again!", see 23 Colo. Law. 1821 (1994); for article, "Yes, Even More Election Code Revisions", see 24 Colo. Law. 1803 (1995); for article, "Fill in the Blank: More ____ Election Code Revisions", see 25 Colo. Law. 93 (Aug. 1996); for article, "Wow, What a Surprise! Still More Election Code Revisions", see 26 Colo. Law. 77 (Aug. 1997); for article, "Florida Fallout and Other Colorado Election Law Amendments of 2002", see 31 Colo. Law. 63 (Aug. 2002).

Section

PART 1 DEFINITIONS AND GENERAL PROVISIONS

PART 2 TERMS OF OFFICE

PART 3 TRAINING AND CERTIFICATION OF ELECTION OFFICIALS

PART 4 ELECTION REFORM COMMISSION

1-1-101. Short title.

Articles 1 to 13 of this title shall be known and may be cited as the "Uniform Election Code of 1992"; within these articles, "this code" means the "Uniform Election Code of 1992".

Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993.

Editor's note: This section is similar to former § 1-1-101 as it existed prior to 1992.

1-1-102. Applicability.

1. This code applies to all general, primary, congressional vacancy, school district, special district, ballot issue, and other authorized elections unless otherwise provided by this code. This code applies to any municipal election conducted as part of a coordinated election except to the extent that this code conflicts with a specific charter provision. Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of this code in lieu of the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., with respect to any election.
2. For elections that must be coordinated pursuant to section 20 (3)(b) of article X of the Colorado constitution where the enabling legislation does not require that the electors be registered electors, the political subdivision may conduct its elections pursuant to the enabling legislation but it must assure that the notice required by part 9 of article 7 of this title is provided to the election official responsible for publishing the ballot issue notice.

Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1393, § 1, effective July 1. L. 94: (2) amended, p. 1149, § 1, effective July 1.

Editor's note: This section is similar to former § 1-1-102 as it existed prior to 1992.

Cross references: For the definitions of "general election", "primary election", and "congressional vacancy election", see §§ 1-1-104 (17), 1-1-104 (32), and 1-1-104 (5), respectively.

1-1-103. Election code liberally construed.

1. This code shall be liberally construed so that all eligible electors may be permitted to vote and those who are not eligible electors may be kept from voting in order to prevent fraud and corruption in elections.
2. It is also the intent of the general assembly that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
3. Substantial compliance with the provisions or intent of this code shall be all that is required for the proper conduct of an election to which this code applies.

Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993. L. 96: (1) amended and (3) added, p. 1732, § 1, effective July 1.

Editor's note: This section is similar to former § 1-1-103 as it existed prior to 1992.

1-1-104. Definitions.

As used in this code, unless the context otherwise requires:

1. "Abstract of votes cast" means a certified record of the results in each election for candidates for any office, ballot issue, or ballot question that the county clerk and recorder certified for the ballot.

   (1.1) "Address of record" means the elector's place of residence or the elector's deliverable mailing address, if different from the elector's place of residence.

   (1.2) "Affiliation" means an elector's decision to affiliate with either a political party or a political organization, as defined in subsections (24) and (25) of this section.

   (1.3) "Assembly" means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of designating candidates for nominations.

   (1.5) "Authorizing legislation" means the provisions of the state constitution or statutes or of a local charter authorizing the existence and powers of a political subdivision and providing for the call and conduct of the political subdivision's election.

   (1.7) "Ballot" means the list of all candidates, ballot issues, and ballot questions upon which an eligible elector is entitled to vote at an election.

2. "Ballot box" means the locked and sealed container in which ballots are deposited by eligible electors. The term includes the container in which ballots are transferred from a polling location to the office of the designated election official and the transfer case in which electronic ballot cards and paper tapes and the "prom" or any other electronic tabulation device are sealed by election judges for transfer to the central counting center.

   (2.1) "Ballot card" means the card, tape, or other vehicle on which an elector's votes are recorded in an electronic or electromechanical voting system.

   (2.3) "Ballot issue" means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1-41-102 (4) and 1-41-103 (4), respectively.

   (2.5) "Ballot issue notice" means the notice which is required by section 20 (3)(b) of article X of the state constitution and comprises the material between the notice title and the conclusion of the summary of comments.

   (2.7) "Ballot question" means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue.

   (2.8) "Confirmation card" means a communication mailed from a county clerk and recorder to an elector pursuant to section 1-2-302.5 (2)(b)(III), 1-2-509 (3)(b)(III), or 1-2-605, which card must:

   1. Be mailed to the elector's address of record;
   2. Be sent by forwardable mail;
   3. Comply with all relevant requirements of the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; and
   4. Include a postage-prepaid, preaddressed form by which the elector may verify or correct his or her address information.
3. (Deleted by amendment, L. 94, p. 1750 , § 1, effective January 1, 1995.)
4. (Deleted by amendment, L. 93, p. 1394 , § 2, effective July 1, 1993.)
5. "Congressional vacancy election" means an election held at a time other than the general election for the purpose of filling a vacancy in an unexpired term of a representative in congress.
6. "Convention" means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of selecting delegates to other political conventions, including national conventions, making nominations for presidential electors, or nominating candidates to fill vacancies in unexpired terms of representatives in congress or held for other political functions not otherwise covered in this code.

   (6.5) "Coordinated election" means an election where more than one political subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions.

7. "County" includes a city and county.

   (7.5) "Deliverable mailing address" means the elector's mailing address if different from the elector's address of record as specified in accordance with section 1-2-204 (2)(f).

8. "Designated election official" means the member of a governing board, secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election.
9. "District captain" or "district co-captain" means any registered elector who is a resident of the district, is affiliated with a political party, and is designated or elected pursuant to political party rules of the county.

   (9.5) "District office of state concern" means those elective offices, involving congressional districts or unique political subdivisions with territory in more than one county and with their own enabling legislation, as identified by rules of the secretary of state based upon the method for designating candidates for office and responsibility for identification and qualification of candidates.

   (9.6) "Driver's license" means any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles and any identification card issued under part 4 of article 2 of title 42, C.R.S.

   (9.7) "Drop box" means a secure receptacle established to receive mail ballots twenty-four hours a day. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop-off location.

   (9.8) "Drop-off location" means a location established for the receipt of mail ballots under the supervision of a municipal clerk, election judges, a county clerk and recorder or a member of the county clerk and recorder's staff, a designated election official, or another person designated by the designated election official as required by this code. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop box.

10. "Election official" means any county clerk and recorder, election judge, member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code.
11. "Election records" includes accounting forms, certificates of registration, pollbooks, certificates of election, signature cards, all affidavits, voter applications, other voter lists and records, mail ballot return envelopes, voted ballots, unused ballots, spoiled ballots, and replacement ballots.
12. "Elector" means a person who is legally qualified to vote in this state. The related terms "eligible elector", "registered elector", and "taxpaying elector" are separately defined in this section.
13. "Elector registration information changes" means changes in the name, address, or political affiliation of a registered elector which are allowed by the provisions of this code.

    (13.5) "Electromechanical voting system" means a system in which an elector votes using a device for marking a ballot card using ink or another visible substance and the votes are counted with electronic vote-tabulating equipment. The term includes a system in which votes are recorded electronically within the equipment on paper tape and are recorded simultaneously on an electronic device that permits tabulation at a counting center. As used in part 6 of article 5 of this title, "electromechanical voting system" shall include a paper-based voting system.

14. "Electronic vote-tabulating equipment" or "electronic vote-counting equipment" means any apparatus that examines and records votes automatically and tabulates the result, including but not limited to optical scanning equipment. The term includes any apparatus that counts votes electronically and tabulates the results simultaneously on a paper tape within the apparatus, that uses an electronic device to store the tabulation results, and that has the capability to transmit the votes into a central processing unit for purposes of a printout and an official count.

    (14.5) "Electronic voting device" means a device by which votes are recorded electronically, including a touchscreen system.

15. Repealed.

    (15.5) "Electronic voting system" means a system in which an elector votes using an electronic voting device.

16. "Eligible elector" means a person who meets the specific requirements for voting at a specific election or for a specific candidate, ballot question, or ballot issue. If no specific provisions are given, an eligible elector shall be a registered elector, as defined in subsection (35) of this section.

    (16.5) "Federally accredited laboratory" means a laboratory certified under section 231 of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq., or any successor section.

17. "General election" means the election held on the Tuesday succeeding the first Monday of November in each even-numbered year.
18. "Governing body" means a board of county commissioners, a city council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election.

    (18.5) "Group residential facility" means a nursing home, a nursing care facility licensed pursuant to part 1 of article 3 of title 25, a home for persons with intellectual and developmental disabilities as defined in section 25.5-10-202, an assisted living residence licensed pursuant to section 25-27-105, or a residential treatment facility for persons with behavioral or mental health disorders.

19. "Gubernatorial" means and refers to voting in general elections for the office of governor.
    1. (19.5) (a) "Identification" means:
       1. A valid Colorado driver's license, except a license issued under part 5 of article 2 of title 42, C.R.S.;
       2. A valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S.;
       3. A valid United States passport;
       4. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;
       5. A valid pilot's license issued by the federal aviation administration or other authorized agency of the United States;
       6. A valid United States military identification card with a photograph of the eligible elector;
       7. A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector;
       8. A valid medicare or medicaid card issued by the United States health care financing administration;
       9. A certified copy of a birth certificate for the elector issued in the United States;
       10. Certified documentation of naturalization;
       11. A valid student identification card with a photograph of the eligible elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102 (5), C.R.S.;
       12. A valid veteran identification card issued by the United States department of veterans affairs veterans health administration with a photograph of the eligible elector; or
       13. A valid identification card issued by a federally recognized tribal government certifying tribal membership.
    2. Any form of identification indicated in paragraph (a) of this subsection (19.5) that shows the address of the eligible elector shall be considered identification only if the address is in the state of Colorado.
    3. Verification that a voter is a resident of a group residential facility, as defined in subsection (18.5) of this section, shall be considered sufficient identification for the purposes of section 1-7-110 (1).
    4. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5.

    (19.7) [ Editor's note: Subsection (19.7) is effective July 1, 2022. ] "Instant runoff voting" means a ranked voting method used to select a single winner in a race, as set forth in section 1-7-1003 (3).

20. "Joint candidates" means the two candidates for the office of governor and the office of lieutenant governor for whom one vote cast at any general election is applicable to both offices.
21. (Deleted by amendment, L. 93, p. 1394 , § 2, effective July 1, 1993.)
22. "Major political party" means any political party that at the last preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast.

    (22.5) "Major political party affiliation" means an elector's decision to affiliate with a major political party, as defined in subsection (22) of this section.

    (22.7) "Manual count" means a count conducted by hand or by scanning a bar code.

23. "Minor political party" means a political party other than a major political party that satisfies one of the conditions set forth in section 1-4-1303 (1) or has submitted a sufficient petition in accordance with section 1-4-1302.

    (23.3) "Nonpartisan election" means an election that is not a partisan election.

    (23.4) [ Editor's note: This version of subsection (23.4) is effective until July 1, 2022. ] "Overvote" means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue.

    (23.4) [ Editor's note: This version of subsection (23.4) is effective July 1, 2022. ] "Overvote" means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue. "Overvote" does not include the ranking of multiple candidates in an election using instant runoff voting in accordance with part 10 of article 7 of this title 1.

    (23.5) "Paper-based voting system" means an electromechanical voting system in which the elector's vote is recorded solely on a paper ballot.

    (23.6) "Partisan election" means an election in which the names of the candidates are printed on the ballot along with their affiliation. The existence of a partisan election for the state or for a political subdivision as a part of a coordinated election does not cause an otherwise nonpartisan election of another political subdivision to become a partisan election.

24. "Political organization" means any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office.
25. "Political party" means either a major political party or a minor political party.
26. "Political party district" means an area within a county composed of contiguous whole election precincts, as designated by the political party county chairperson.
27. "Pollbook" means the list, maintained in the statewide voter registration system created in section 1-2-301, of eligible electors who are permitted to vote at a polling location or by mail ballot in an election conducted under this code.

    (27.5) "Polling location" means a polling place or a voter service and polling center, as applicable.

28. Repealed.
29. "Population" means population as determined by the latest federal census.

    (29.5) "Post office box" means a compartment on the premises of a central mailing location, whether the location is administered by the United States postal service or a commercial mail service entity, in which a patron's incoming mail is held until collected by the patron.

30. "Precinct" means an area with established boundaries within a political subdivision used to establish election districts.
31. "Precinct caucus" means a meeting of registered electors of a precinct who are eligible to participate in accordance with the provisions of section 1-3-101, such meeting being organized in accordance with the rules and regulations of the political party.

    (31.5) "Presidential election" means an election held on the first Tuesday after the first Monday in November of an even-numbered year in which the names of candidates for president of the United States appear on the ballot.

32. "Primary election" means the election held on the last Tuesday in June of each even-numbered year and the presidential primary election held in accordance with part 12 of article 4 of this title 1.
33. "Property owners list" means the list furnished by the county assessor in accordance with section 1-5-304 showing each property owner within the subdivision, as shown on a deed or contract of record.

    (33.5) "Public assistance" includes, but is not necessarily limited to, assistance provided under the following programs:

    1. The food stamp program, as provided in part 3 of article 2 of title 26, C.R.S.;
    2. Programs established pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S.;
    3. The special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
    4. Assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S.
34. "Publication" means printing one time, in one newspaper of general circulation in the political subdivision if there is such a newspaper, and, if not, then in a newspaper in the county in which the political subdivision is located. For a political subdivision with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the political subdivision, then one publication is required in a newspaper in each county in which the political subdivision is located and in which the political subdivision also has fifty or more eligible electors.

    (34.2) "Purchase" means to enter into a contract for the purchase, lease, rental, or other acquisition of voting equipment.

    (34.4) "Ranked voting method" means a method of casting and tabulating votes that allows electors to rank the candidates for an office in order of preference and uses these preferences to determine the winner of the election. "Ranked voting method" includes instant runoff voting and choice voting or proportional voting as described in section 1-7-1003.

    (34.5) "Referred measure" includes any ballot question or ballot issue submitted by the general assembly or the governing body of any political subdivision to the eligible electors of the state or political subdivision pursuant to article 40 or 41 of this title.

35. "Registered elector" means an elector, as defined in subsection (12) of this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. If any provision of this code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person's name and address at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder's office, and as it appears on the master elector list on file with the secretary of state.
36. Repealed.
37. "Registration list" means the computer list of electors currently registered to vote as furnished and certified by the county clerk and recorder.
38. "Registration record" means the approved and completed form on which an elector has registered to vote, which includes the original signature of the registrant. "Registration record" includes a standard-size approved elector registration record to which a nonstandard completed form has been transferred by copy or manual entry.
39. "Regular biennial school election" means the election held on the first Tuesday in November of each odd-numbered year.
40. "Regular drainage ditch election" means the election held on the first Tuesday after the first Monday in January of each alternate year.
41. "Regular regional transportation district election" means the election held concurrently with the state general election in every even-numbered year during which the directors are elected.
42. [ Editor's note: This version of subsection (42) is effective until July 1, 2022.] "Regular special district election" means the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.

    (42) [ Editor's note: This version of subsection (42) is effective July 1, 2022. ] "Regular special district election" means the election on the Tuesday succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.

43. "Residence" means the principal or primary home or place of abode of a person, as set forth in section 1-2-102.
44. (Deleted by amendment, L. 96, p. 1732 , § 2, effective July 1, 1996.)
45. "School district" means a school district organized and existing pursuant to law but does not include a local college district.

    (45.5) "Self-affirmation" means a sworn statement made in writing and signed by an individual, as though under oath. Any person falsely making a self-affirmation violates section 1-13-104.

46. "Special election" means any election called by a governing board for submission of ballot issues and other matters, as authorized by their enabling legislation. Any governing body may petition a district court judge who has jurisdiction over the political subdivision for permission to hold a special election on a day other than those specified in this subsection (46). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.

    (46.3) "Special legislative election" means an election called by the general assembly pursuant to part 3 of article 11 of this title.

    (46.5) "Statewide abstract of votes cast" means the record of the results in each election for candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot.

    (46.7) "Statewide voter registration system" means the centralized statewide voter registration system, commonly referred to as "SCORE", created in section 1-2-301.

47. "Supervisor judge" means the election judge appointed by the designated election official to be in charge of the election process at a polling location.
48. "Taxable property" means real or personal property subject to general ad valorem taxes. For all elections and petitions that require ownership of real property or land, ownership of a mobile home or manufactured home, as defined in section 5-1-301 (29), 38-12-201.5 (5), or 42-1-102 (106)(b), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
49. "Taxpaying elector" shall have the same meaning as provided in section 32-1-103 (23), C.R.S.
    1. (49.3) (a) "Term of imprisonment" or "full term of imprisonment" means the period during which an individual is serving a sentence of detention or confinement in any correctional facility, jail, or other location for a felony conviction.
    2. This subsection (49.3) applies to this code for the purpose of applying section 10 of article VII of the state constitution.
    3. "Term of imprisonment" or "full term of imprisonment" does not include the period during which an individual is on parole.

    (49.5) "Unaffiliated" means that a person is registered but not affiliated with a political party in accordance with the provisions of section 1-2-204 (2)(j).

    (49.7) "Undervote" means the failure of an elector to vote on a ballot question or ballot issue, the failure of an elector to vote for any candidate for an office, or the designation by an elector of fewer votes than there are offices to be filled; except that it is not an undervote if there are fewer candidates than offices to be filled and the elector designates as many votes as there are candidates.

    (49.8) Repealed.

50. "Vote recorder" or "voting device" means any apparatus that the elector uses to record votes by marking a ballot card and that subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on an electronic tabulation device.

    (50.2) "Voter registration agency" means an office designated in section 1-2-504 to perform voter registration activities.

    (50.3) "Voter registration drive" means the distribution and collection of voter registration applications by two or more persons for delivery to a county clerk and recorder.

    (50.4) "Voter registration drive organizer" means a person, as defined in section 2-4-401 (8), C.R.S., that organizes a voter registration drive in the state.

    (50.5) "Voter service and polling center" means a location established for holding elections, other than a polling place, that offers the services described in section 1-5-102.9.

    1. (50.6) (a) "Voter-verified paper record" means an auditable paper record that:
       1. Is available for the elector to inspect and verify before the vote is cast;
       2. Is produced contemporaneously with or employed by any voting system;
       3. Lists the designation of each office, the number or letter of each ballot issue or ballot question, and the elector's choice for each office, ballot issue, or ballot question and indicates any office, ballot issue, or ballot question for which the elector has not made a selection;
       4. Is suitable for a manual audit or recount; and
       5. Is capable of being maintained as an election record in accordance with the requirements of section 1-7-802.
    2. Any paper ballot that lists the title, along with any number, as applicable, of each candidate race, ballot issue, or ballot question, on which the elector has marked his or her choices in such races, issues, or questions shall constitute a voter-verified paper record for purposes of this subsection (50.6).

    (50.7) "Voting equipment" means electronic or electromechanical voting systems, electronic voting devices, and electronic vote-tabulating equipment, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems, devices, and equipment.

    (50.8) "Voting system" means a process of casting, recording, and tabulating votes using electromechanical or electronic devices or ballot cards and includes, but is not limited to, the procedures for casting and processing votes and the operating manuals, hardware, firmware, printouts, and software necessary to operate the voting system.

    (50.9) "Voting system provider" means an individual engaged in private enterprise or a business entity engaged in selling, leasing, marketing, designing, building, or modifying voting systems to the state, a political subdivision of the state, or another entity authorized to hold an election under this code.

51. "Watcher" means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election, or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. If selected by a political party chairperson or a party candidate, the watcher must be affiliated with that political party or unaffiliated as shown in the statewide voter registration system. If selected by an unaffiliated candidate, the watcher must be unaffiliated as shown in the statewide voter registration system.

Source: L. 92: Entire article R&RE, p. 625, § 1, effective January 1, 1993. L. 93: (4), (11), (16), (21), (28), (39), (46), (49), and (51) amended and (2.3), (2.7), and (6.5) added, p. 1394, § 2, effective July 1; (11) amended, p. 58, § 1, effective July 1. L. 94: (48) amended, p. 704, § 3, effective April 19; (2.3), (2.7), (8), (34), and (35) amended and (2.5), (9.5), and (34.5) added, p. 1149, § 2, effective July 1; (3), (37), and (38) amended and (9.6), (33.5), and (50.5) added, p. 1750, § 1, effective January 1, 1995; (48) amended, p. 2541, § 6, effective January 1, 1995. L. 95: (23.3), (23.6), and (49.5) added and (24), (33), (37), and (51) amended, pp. 819, 860, 863, §§ 1, 113, 125, effective July 1. L. 96: (12), (44), and (49) amended and (1.5) and (45.5) added, p. 1732, § 2, effective July 1. L. 97: (33.5)(d) amended, p. 1239, § 33, effective July 1. L. 98: (22), (23), and (25) amended, p. 255, § 2, effective April 13. L. 99: (37) amended, p. 756, § 1, effective May 20; (46.3) added, p. 1389, § 5, effective June 4; (1) amended and (1.3), (1.7), and (46.5) added, p. 477, § 1, effective July 1; (1.2) amended and (1.3), (22.5), and (23.6) added, p. 157, § 1, effective August 4; (1.1) amended and (1.3) and (7.5) added, p. 278, § 1, effective August 4. L. 2000: (48) amended, p. 1870, § 100, effective August 2. L. 2003: (32) amended, p. 495, § 1, effective March 5; (1.3) and (23) amended, p. 1308, § 1, effective April 22; (19.5) added, p. 1276, § 1, effective April 22; (19.5) added, p. 1437, § 1, effective April 29; (19.5)(a)(II), (19.5)(a)(V), and (19.5)(a)(VI) amended and (19.5)(a)(VII) added, p. 2064, § 1, effective May 22. L. 2004: (19.5)(a)(I) and (19.5)(a)(V) amended, p. 426, § 1, effective April 13; (19.5)(a)(V) amended and (19.5)(a)(VIII), (19.5)(a)(IX), and (19.5)(a)(X) added, p. 1051, § 1, effective May 21; (49.8) added, p. 1104, § 1, effective May 27; (2.1), (13.5), (14.5), (15.5), (23.4), (34.2), (49.7), (50.7), (50.8), and (50.9) added and (14) and (27) amended, p. 1342, § 2, effective May 28; (50) amended, p. 1343, § 3, effective January 1, 2006; (15)(b) added by revision, pp. 1361, 1213, §§ 30, 31, 108. L. 2005: (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1392, § 1, effective June 6; (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1427, § 1, effective June 6. L. 2006: (33.5)(b) amended, p. 1997, § 28, effective July 1. L. 2007: (11) amended, p. 1775, § 1, effective June 1; (19.5)(a)(XI) added and (50.6)(a)(III) amended, p. 1967, §§ 1, 2, effective August 3; (31.5) added, p. 1988, § 1, effective August 3. L. 2008: (34.4) added, p. 1249, § 1, effective August 5. L. 2009: (13.5) amended and (16.5) and (23.5) added, (HB 09-1335), ch. 260, p. 1189, § 1, effective May 15; (18.5) and (19.5)(c) added, (HB 09-1336), ch. 261, p. 1197, §§ 1, 2, effective August 5. L. 2011: (32) amended, (SB 11-189), ch. 243, p. 1062, § 1, effective May 27. L. 2012: (19.5)(a)(XII) added, (SB 12-062), ch. 97, p. 326, § 1, effective April 12; (1.1), (19.5)(a)(X), and (19.5)(a)(XI) amended and (19.5)(a)(XIII) added, (HB 12-1292), ch. 181, p. 676, § 1, effective May 17. L. 2013: (19.5)(d) added, (HB 13-1038), ch. 28, p. 67, § 1, effective March 15; (2), (27), (28), (36), (47), (50.4), and (50.5) amended, (2.8), (9.8), (27.5), and (50.3) added, and (49.8) repealed, (HB 13-1303), ch. 185, p. 682, § 3, effective May 10; (18.5) amended, (HB 13-1314), ch. 323, p. 1800, § 15, effective March 1, 2014. L. 2014: (11) amended and (28) repealed, (HB 14-1164), ch. 2, pp. 71, 77, §§ 33, 51, effective February 18; (29.5) added, (SB 14-161), ch. 160, p. 555, § 1, effective May 9. L. 2016: IP(2.8) amended, (HB 16-1093), ch.126, p. 358, § 1, effective April 21; (2.8)(c), (16.5), (19.5)(a)(I), and (51) amended, (46.7) added, and (36) repealed, (SB 16-142), ch. 173, p. 565, § 1, effective May 18; (2.8)(c) amended, (SB 16-189), ch. 210, p. 753, § 1, effective June 6. L. 2017: (18.5) amended, (SB 17-242), ch. 263, p. 1262, § 28, effective May 25. L. 2018: (2.8)(a) amended, (SB 18-233), ch. 262, p. 1617, § 41, effective May 29; (42) amended, (HB18-1039), ch. 29, p. 330, § 1, effective July 1, 2022. L. 2019: (49.3) added, (HB 19-1266), ch. 283, p. 2643, § 2, effective July 1; (9.7) added and (9.8) amended, (HB 19-1278), ch. 326, p. 3005, § 2, effective August 2. L. 2020: (48) amended, (HB 20-1196), ch. 195, p. 926, § 16, effective June 30. L. 2021: (32) and (51) amended, (SB 21-250), ch. 282, p. 1630, § 1, effective June 21; (19.7) added and (23.4) amended, (HB 21-1071), ch. 367, p. 2415, § 1, effective July 1, 2022.

1-1-105. Elections conducted pursuant to provisions that refer to qualified electors.

Any election, and any acts relating thereto, including but not limited to elections under this code, the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., school elections under title 22, C.R.S., and special district elections under title 32, C.R.S., which were conducted prior to July 1, 1987, pursuant to provisions which refer to a qualified elector rather than a registered elector and which were valid when conducted, shall be deemed and held to be legal and valid in all respects.

Source: L. 92: Entire article R&RE, p. 631, § 1, effective January 1, 1993.

Editor's note: This section is similar to former § 1-1-104.5 as it existed prior to 1992.

1-1-105.5. District elections conducted on or prior to May 3, 2016 - limitations on contests based on elector qualifications - exceptions - validation - definitions.

1. 1. Except as provided in paragraph (c) of this subsection (1), for any district election conducted under this code or the "Colorado Local Government Election Code", article 13.5 of this title, and notwithstanding any provision of law to the contrary:
      1. No district election conducted prior to April 21, 2016, may be contested on the grounds that any person who voted at such election was not an eligible elector unless such a contest was initiated prior to April 21, 2016.
      2. No district election conducted on May 3, 2016, may be contested on the grounds that any person who voted at such election was not an eligible elector unless such a contest was initiated within the time period specified in section 1-11-213 or section 1-13.5-1403, C.R.S., as applicable.
   2. Except when a contest to elector qualifications has been timely initiated as described in this section, this section validates, ratifies, and confirms the qualifications of any person who voted at any district election held on or before May 3, 2016, notwithstanding any defects or irregularities in such qualifications.
   3. The bar to election contests in paragraph (a) of this subsection (1) does not apply to:
      1. Any district election conducted after January 1, 2012, if the contest to such election is made on the grounds that federal or state constitutional rights of eligible electors were violated in the conduct of the election; or
      2. Any district election conducted before January 1, 2012, if the contest to such election was initiated prior to April 21, 2016.
2. For purposes of this section, "district" means any district formed under part 5 of article 20 of title 30, part 6 of article 25 of title 31, part 8 of article 25 of title 31, part 12 of article 25 of title 31, or article 1 of title 32, C.R.S.

Source: L. 2016: Entire section added, (SB 16-211), ch. 174, p. 595, § 2, effective May 18.

Cross references: For the legislative declaration in SB 16-211, see section 1 of chapter 174, Session Laws of Colorado 2016.

1-1-106. Computation of time.

1. Calendar days shall be used in all computations of time made under the provisions of this code.
2. In computing any period of days prescribed by this code, the day of the act or event from which the designated period of days begins to run shall not be included and the last day shall be included. Saturdays, Sundays, and legal holidays shall be included, except as provided in subsection (4) of this section.
3. If a number of months is to be computed by counting the months from a particular day, the period shall end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period shall end on the last day of the concluding month.
4. If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion of such act involves a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.
5. If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3).

Source: L. 92: Entire article R&RE, p. 631, § 1, effective January 1, 1993. L. 93: (5) amended, p. 1395, § 3, effective July 1. L. 95: (2) and (5) amended, p. 820, § 2, effective July 1. L. 96: (5) amended, p. 1773, § 76, effective July 1. L. 99: (4) and (5) amended, p. 756, § 2, effective May 20.

Editor's note: This section is similar to former § 1-1-105 as it existed prior to 1992.

Cross references: For computation of time under the statutes generally, see § 2-4-108.

1-1-107. Powers and duties of secretary of state - penalty.

1. In addition to any other duties prescribed by law, the secretary of state has the following duties:
   1. To supervise the conduct of primary, general, congressional vacancy, and statewide ballot issue elections in this state;
   2. To enforce the provisions of this code;
   3. With the assistance and advice of the attorney general, to make uniform interpretations of this code;
   4. To coordinate the responsibilities of the state of Colorado under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq.;
   5. To serve as the chief state election official within the meaning of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq., and, in that capacity, to coordinate the responsibilities of the state of Colorado under the federal act in accordance with the requirements of this code.
2. In addition to any other powers prescribed by law, the secretary of state has the following powers:
   1. To promulgate, publish, and distribute, either in conjunction with copies of the election laws pursuant to section 1-1-108 or separately, such rules as the secretary of state finds necessary for the proper administration and enforcement of the election laws, including but not limited to rules establishing the amount of fees as provided in this code;
   2. To inspect, with or without the filing of a complaint by any person, and review the practices and procedures of county clerk and recorders, their employees, and other election officials in the conduct of primary, general, and congressional vacancy elections and the registration of electors in this state;
   3. To employ, subject to section 13 of article XII of the state constitution, the personnel deemed necessary to efficiently carry out the powers and duties prescribed in this code;
   4. To enforce the provisions of this code by injunctive action brought by the attorney general in the district court for the judicial district in which any violation occurs.
3. Repealed.
4. Any other provision of law to the contrary notwithstanding, the office of the secretary of state, or the section or division administering the election laws of this state pursuant to this section, shall be open and available to the election officials and employees of the various political subdivisions conducting elections on each election day during the same hours that the polls are open for voting if the political subdivision has notified the office of the secretary of state that an election has been called and that the services of the office are desired.
5. The provisions of this section are enacted, pursuant to section 11 of article VII of the state constitution, to secure the purity of elections and to guard against the abuses of the elective franchise.
6. Repealed.
7. No person while serving in the office of secretary of state shall serve as the highest ranking official, whether actual or honorary, in the campaign of any candidate for federal or statewide office. This subsection (7) shall not apply to a campaign in which the secretary of state is the candidate.

Source: L. 92: Entire article R&RE, p. 632, § 1, effective January 1, 1993. L. 93: (1)(a) amended, p. 1395, § 4, effective July 1. L. 94: (1)(d) added, p. 1751, § 2, effective January 1, 1995. L. 95: (6) added, p. 179, § 1, effective April 7. L. 96: (3) repealed, p. 1775, § 84, effective July 1. L. 98: (2)(a) amended, p. 1317, § 3, effective June 1. L. 2001: (6) amended, p. 518, § 6, effective January 1, 2002. L. 2003: (1)(e) added and (6) repealed, p. 2065, §§ 2, 3, effective May 22. L. 2005: (7) added, p. 1393, § 2, effective June 6; (7) added, p. 1428, § 2, effective June 6. L. 2016: (1)(d), (1)(e), IP(2), and (2)(b) amended, (SB 16-142), ch. 173, p. 566, § 2, effective May 18; (1)(d) amended, (SB 16-189), ch. 210, p. 753, § 2, effective June 6.

Editor's note: This section is similar to former § 1-1-106 as it existed prior to 1992.

1-1-108. Copies of election laws and manual provided.

1. No later than sixty days after each adjournment of the general assembly, the secretary of state shall transmit to the county clerk and recorder of each county a complete, updated copy of the pertinent sections of the election laws of the state.
2. No later than January 15 in even-numbered years, the division of local government in the department of local affairs shall transmit to the designated election official of each special district organized under article 1 of title 32, C.R.S., entitled to hold elections or, if there is no designated election official, to the chief executive officer of the special district, at least one copy of the election laws. The designated election officials or chief executive officers of those special districts may request additional copies of the election laws.

Source: L. 92: Entire article R&RE, p. 633, § 1, effective January 1, 1993. L. 93: (1) amended, p. 1395, § 5, effective July 1. L. 95: Entire section amended, p. 820, § 3, effective July 1. L. 96: Entire section amended, p. 1733, § 3, effective July 1. L. 99: (1) amended, p. 757, § 3, effective May 20.

Editor's note: This section is similar to former § 1-1-107 as it existed prior to 1992.

1-1-109. Forms prescribed - rules.

1. Except as otherwise provided by this code, the secretary of state shall approve all forms required by this code, which forms shall be followed by county clerk and recorders, election judges, and other election officials. Prior to approving any election form, the secretary shall determine and consider best practices in the design and development of the form in order to minimize voter confusion and maximize ease of use.
2. A registered elector shall make elector registration information changes on an approved form, and the elector registration information changes must be entered on the elector's registration record and retained and stored in the statewide voter registration system.
3. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to specify what constitutes approved and acceptable forms certified for use by eligible voters, campaigns, and voter registration drives and acceptance by election officials and any rules necessary to establish uniformity regarding the use of forms.

Source: L. 92: Entire article R&RE, p. 633, § 1, effective January 1, 1993. L. 96: (1) amended, p. 1733, § 4, effective July 1. L. 2003: (1) amended, p. 2065, § 4, effective May 22. L. 2009: (1) amended and (3) added, (HB 09-1336), ch. 261, p. 1198, § 4, effective August 5. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 566, § 3, effective May 18.

Editor's note: This section is similar to former § 1-1-108 as it existed prior to 1992.

1-1-110. Powers of county clerk and recorder and deputy - communication to electors.

1. The county clerk and recorder, in rendering decisions and interpretations under this code, shall consult with the secretary of state and follow the rules and orders promulgated by the secretary of state pursuant to this code.

   (1.5) Pursuant to section 24-4-106 (4.7), C.R.S., a county clerk and recorder is authorized to seek judicial review of final action undertaken by the secretary of state arising under this code.

2. All powers and authority granted to the county clerk and recorder by this code may be exercised by a deputy clerk in the absence of the county clerk and recorder or if the county clerk and recorder for any reason is unable to perform the required duties.
3. As the chief election official for the county, the county clerk and recorder shall be the chief designated election official for all coordinated elections.
4. 1. Except as otherwise provided in section 1-2-302.5, any communication by mail from the county clerk and recorder to any registered elector pursuant to this title must be sent to the elector's address of record.
   3. Repealed.
5. 1. Except as otherwise provided in this subsection (5) and notwithstanding any other provision of law, an elector may request to receive elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), from his or her county clerk and recorder by electronic transmission. With the request, the elector must submit an electronic-mail address to which the county clerk and recorder may send communication from the county clerk and recorder. The county clerk and recorder, upon receiving the request, may send all future elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), by electronic transmission to the electronic-mail address provided by the elector; except that:
      1. If an elector subsequently requests to cease the electronic transmission and requests to receive future elections communication by mail, the county clerk and recorder shall comply with the request; or
      2. If the county clerk and recorder, after sending such an electronic transmission, receives an undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid, the county clerk and recorder must send that particular communication by regular mail and shall not send any future elections communication by electronic transmission, unless the elector reapplies for electronic communications.
   2. An electronic-mail address provided by an elector shall not be made available to the public or any individual or organization other than an authorized agent of the local election official, and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be used only for official communication with the elector about the voting process, if the elector has requested such electronic transmission under this subsection (5).
   3. All correspondence sent to an elector pursuant to this subsection (5) shall be maintained in the elector's registration records stored in the statewide voter registration system created in section 1-2-301; except that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid as described in subsection (5)(a)(II) of this section does not need to be stored in the statewide voter registration system.
   4. The failure of an elector to receive elections communication by electronic transmission is not grounds to invalidate an election if the county clerk and recorder acted in good faith in making the electronic transmission.
   5. Nothing in paragraph (a) of this subsection (5) prevents the receipt or return of a ballot via electronic transfer as set forth in section 1-7.5-115.

Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993. L. 93: (3) amended, p. 1396, § 6, effective July 1. L. 96: (3) amended, p. 1734, § 5, effective July 1. L. 99: (4) added, p. 279, § 2, effective August 4. L. 2003: (1) amended, p. 2065, § 5, effective May 22. L. 2012: (4)(a) amended and (4)(b) repealed, (HB 12-1292), ch. 181, p. 676, § 2, effective May 17. L. 2013: (4)(a) amended and (4)(c) and (5) added, (HB 13-1303), ch. 185, p. 683, § 4, effective May 10. L. 2014: (1.5) added, (HB 14-1354), ch. 159, p. 553, § 1, effective May 9. L. 2016: (4)(a) and IP(5)(a) amended and (4)(c) repealed, (HB 16-1093), ch. 126, p. 358, § 2, effective April 21. L. 2018: (5)(c) amended, (SB 18-233), ch. 262, p. 1603, § 1, effective May 29.

Editor's note: This section is similar to former § 1-1-109 as it existed prior to 1992.

Cross references: In 2013, subsection (4)(a) was amended and subsections (4)(c) and (5) were 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.

1-1-111. Powers and duties of governing boards.

1. In addition to any other duties prescribed by law, the governing board of a political subdivision entitled to call elections shall have the following duties:
   1. To supervise the conduct of regular and special elections which it is authorized or required to call; and
   2. Where appropriate, to consult and coordinate with the county clerk and recorder of the county in which the political subdivision is located and with the secretary of state in regard to conducting elections and rendering decisions and interpretations under this code.
2. All powers and authority granted to the governing board of a political subdivision may be exercised by an election official designated by the board. The governing body may also contract with the county clerk and recorder of the county in which the political subdivision is organized to perform all or part of the required duties in conducting the election.
3. Elections which are set for the same date by various political subdivisions may be held as coordinated elections if the governing bodies so choose. Political subdivisions are authorized to cooperate and contract with each other to perform any function relating to an election.

Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993. L. 93: (3) amended, p. 1396, § 7, effective July 1. L. 94: (2) amended, p. 1150, § 3, effective July 1. L. 96: (3) amended, p. 1734, § 6, effective July 1.

Cross references: For violation of duty and penalty therefor, see § 1-13-107.

1-1-112. Powers and duties of election commission. (Repealed)

Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18.

Editor's note: This section is similar to former § 1-1-110 as it existed prior to 1992.

1-1-113. Neglect of duty and wrongful acts - procedures for adjudication of controversies - review by supreme court.

1. When any controversy arises between any official charged with any duty or function under this code and any candidate, or any officers or representatives of a political party, or any persons who have made nominations or when any eligible elector files a verified petition in a district court of competent jurisdiction alleging that a person charged with a duty under this code has committed or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order requiring substantial compliance with the provisions of this code. The order shall require the person charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why the order should not be obeyed. The burden of proof is on the petitioner.
2. Repealed.
3. The proceedings may be reviewed and finally adjudicated by the supreme court of this state, if either party makes application to the supreme court within three days after the district court proceedings are terminated, unless the supreme court, in its discretion, declines jurisdiction of the case. If the supreme court declines to review the proceedings, the decision of the district court shall be final and not subject to further appellate review.
4. Except as otherwise provided in this part 1, the procedure specified in this section shall be the exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other wrongful act that occurs prior to the day of an election.
5. Notwithstanding any other provision of law, the procedures specified in section 1-1.5-105 shall constitute the exclusive administrative remedy for a complaint arising under Title III of the federal "Help America Vote Act of 2002", Pub.L. 107-252.

Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 93: (1) amended, p. 1396, § 8, effective July 1. L. 94: (2) amended and (4) added, p. 1151, § 4, effective July 1. L. 2003: (5) added, p. 2065, § 6, effective May 22. L. 2007: (3) amended, p. 1968, § 3, effective August 3. L. 2010: (2) repealed, (HB 10-1291), ch. 325, p. 1506, § 2, effective July 1.

Editor's note: This section is similar to former § 1-1-111 as it existed prior to 1992.

Cross references: (1) For violation of duty and penalty therefor, see § 1-13-107.

(2) For the "Help America Vote Act of 2002", see Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.

1-1-114. Registration deadline. (Repealed)

Source: L. 92: Entire article R&RE, p. 635, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1396, § 9, effective July 1. L. 94: Entire section amended, p. 1751, § 3, effective January 1, 1995. L. 95: Entire section amended, p. 820, § 4, effective July 1. L. 96: Entire section repealed, p. 1775, § 84, effective July 1.

Editor's note: This section was relocated to § 1-2-201 (3) in 1996.

1-1-115. Colorado voter access and modernized elections commission - creation - composition - terms - duties - report - definition - repeal. (Repealed)

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 684, § 5, effective May 10. L. 2014: (3)(b)(III) amended, (SB 14-153), ch. 390, p. 1960, § 2, effective June 6.

Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2015. (See L. 2013, p. 684 .)

1-1-201. Commencement of terms - state, congressional district, and county officers.

The regular terms of office of all state, congressional district, and county officers shall commence on the second Tuesday of January next after their election, except as otherwise provided by law.

Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 10, effective July 1.

1-1-202. Commencement of terms - nonpartisan officers.

The regular terms of office of all nonpartisan officers elected at regular elections shall commence at the next meeting of the governing body following the date of the election, but no later than thirty days following the survey of returns and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law. If the election is canceled in whole or in part pursuant to section 1-5-208 (1.5), then the regular term of office of a nonpartisan officer shall commence at the next meeting of the governing body following the date of the regular election, but no later than thirty days following the date of the regular election and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law.

Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 11, effective July 1. L. 94: Entire section amended, p. 1151, § 5, effective July 1. L. 2001: Entire section amended, p. 1001, § 1, effective August 8.

1-1-203. End of term.

A person elected or appointed to an office shall hold office until the successor is elected, qualified, and takes office on the second Tuesday of January, unless otherwise provided by law.

Source: L. 92: Entire article R&RE, p. 636, § 1, effective January 1, 1993. L. 93: Entire section amended, p. 1397, § 12, effective July 1.

1-1-301. Certification program.

1. The secretary of state shall establish and operate or provide by contract a certification program for local election officials on the conduct of elections, the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq., and other topics related to elections.
2. The secretary of state shall establish by rule a curriculum for the certification program, including core requirements and electives, the required number of hours, and methods for continuing education.
3. The secretary of state shall provide staffing and support services for the certification program.
4. The secretary of state shall appoint an advisory board to oversee the certification process and the development of the curriculum.

Source: L. 2005: Entire part added, p. 1393, § 3, effective June 6; entire part added, p. 1428, § 3, effective June 6. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 567, § 4, effective May 18.

1-1-302. Persons required to complete certification - deadline.

1. The following persons shall obtain certification in accordance with this part 3:
   1. The county clerk and recorder;
   2. Employees in the clerk and recorder's office who are directly responsible for overseeing elections; and
   3. Other employees in the clerk and recorder's office at the discretion of the clerk and recorder.
2. A person required to obtain certification shall:
   1. (Deleted by amendment, L. 2006, p. 2030 , § 6, effective June 6, 2006.)
   2. Complete the certification requirements within two years of undertaking the responsibilities for which the person is required to obtain certification; and
   3. Comply with the continuing education requirements prescribed by the secretary of state by rule.
3. Nothing in this section shall be construed to require an elected official to attend a course of instruction or obtain a certification as a condition for seeking or holding elective office or as a condition for carrying out constitutional and statutory duties.

Source: L. 2005: Entire part added, p. 1394, § 3, effective June 6; entire part added, p. 1429, § 3, effective June 6. L. 2006: (2)(a) and (2)(b) amended, p. 2030, § 6, effective June 6.

1-1-303. Certification courses.

1. The curriculum for certification in accordance with this part 3 shall include courses in the following areas:
   1. General election law;
   2. The federal "Help America Vote Act of 2002"; and
   3. Professional development.
2. The secretary of state shall offer certification courses at least annually.

Source: L. 2005: Entire part added, p. 1394, § 3, effective June 6; entire part added, p. 1429, § 3, effective June 6.

Cross references: For the federal "Help America Vote Act of 2002", see Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq.

1-1-401 to 1-1-403. (Repealed)

1-1.5-101. Legislative declaration.

1. The general assembly hereby finds, determines, and declares that:
   1. The "Help America Vote Act of 2002", Pub.L. 107-252, was passed by the United States congress and signed into law by president George W. Bush on October 29, 2002.
   2. HAVA resulted from a national consensus that the nation's electoral system needs improvements to ensure that every eligible voter has the opportunity to vote, that every vote that should be counted will be counted, and that no legal vote will be canceled by a fraudulent vote.
   3. HAVA clearly defines the rights and privileges of those eligible individuals who seek to vote, including all overseas and military service voters, and seeks to prevent disenfranchisement resulting from mistaken determinations of ineligibility to vote, the use of outdated voting systems that are unreliable or insufficiently accessible for disabled voters, or unnecessary administrative obstacles.
   4. To achieve these purposes, HAVA authorizes significant amounts of federal financial assistance to the states to finance the purchase of more reliable voting systems and mandates changes in the conduct of federal elections in all states for the purposes of ensuring greater access to the polls by individuals with disabilities, providing more information to individuals who wish to vote, improving the training of poll workers, and reducing the possibility of fraud in the electoral process.
   5. As a condition of the receipt of certain funds from the federal government under HAVA, section 253 (b)(5) of HAVA requires the states to appropriate funds for carrying out the activities for which such payments are made in an amount equal to five percent of the total amount to be spent for such activities.
   6. HAVA empowers the United States department of justice to bring civil actions seeking such declaratory and injunctive relief as may be necessary to carry out uniform and nondiscriminatory election technology and administration requirements. Accordingly, failure to satisfy the requirements of HAVA may subject election laws and procedures of this state to stringent review and approval by the United States department of justice.
   7. In order that its requirements may be effectively and uniformly implemented, HAVA mandates a greater role for the state governments and, in particular, the chief election official of each state, in overseeing and coordinating elections and in enforcing and implementing uniform standards in elections.
   8. In Colorado, the secretary of state is the chief state election official and, in that capacity, is charged by HAVA and existing state statutory provisions with responsibility for supervising the conduct of elections and for enforcing and implementing the provisions of HAVA and of this code.
2. Now, therefore, by enacting this article, the general assembly intends to:
   1. Begin the process of implementing the changes in this code that are required by HAVA;
   2. Ensure the timely fulfillment by the state of all requirements for eligibility under HAVA to be able to receive appropriated federal funds under HAVA; and
   3. Provide the secretary of state with sufficient authority to ensure that the state of Colorado is fully compliant with all requirements imposed upon it pursuant to HAVA.
3. The general assembly further intends that this article be liberally construed to effectuate its purposes as expressed in this section.

Source: L. 2003: Entire article added, p. 2065, § 7, effective May 22.

1-1.5-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Department" means the Colorado department of state.
2. "Fund" means the federal elections assistance fund created in section 1-1.5-106.
3. "HAVA" means the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq.
4. "Secretary" means the Colorado secretary of state.

Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22. L. 2004: (3) amended, p. 1186, § 1, effective August 4. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 567, § 5, effective May 18.

1-1.5-103. Conflict with federal law.

If the secretary or a court of competent jurisdiction determines there is a conflict between this article or any other provision of this code and any provision of HAVA, the provisions of HAVA and any rules promulgated thereunder shall control, and the secretary shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the secretary shall submit a report to the general assembly explaining the conflict and suggesting language to change this article in the next legislative session.

Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22.

1-1.5-104. Powers and duties of secretary of state.

1. The secretary may exercise such powers and perform such duties as reasonably necessary to ensure that the state is compliant with all requirements imposed upon it pursuant to HAVA to be eligible on a timely basis for all federal funds made available to the state under HAVA, including, without limitation, the power and duty to:
   1. Develop and require education and training programs and related services for state, county, and local election officials involved in the conduct of elections;
   2. Promulgate, oversee, and implement changes in the statewide voter registration system as specified in part 3 of article 2 of this title;
   3. Establish a uniform administrative complaint procedure in accordance with the requirements of section 1-1.5-105;
   4. Issue appropriate orders to county or local election officials in connection with the proper administration, implementation, and enforcement of the federal act, which orders shall be enforceable in a court of competent jurisdiction;
   5. Promulgate rules in accordance with the requirements of article 4 of title 24, C.R.S., as the secretary finds necessary for the proper administration, implementation, and enforcement of HAVA and of this article; and
   6. Exercise any other powers or perform any other duties that are consistent with this article and that are reasonably necessary for the proper administration, implementation, and enforcement of HAVA and that will improve the conduct of elections in the state in conformity with HAVA.
2. 1. Acting either upon his or her own initiative or upon a complaint submitted to him or her giving the secretary reasonable grounds to believe that an election in this state is not being conducted in accordance with the requirements of HAVA or of this code, the secretary may investigate the allegation of noncompliance. In connection with such an investigation, the secretary may:
      1. Compel the testimony of witnesses and the production of documents from any state, county, or local official involved in the conduct of the election; and
      2. Send one or more official election observers to any county in the state to examine the conduct of any aspect of any election giving rise to the allegation of noncompliance. The clerk and recorder of the county in which the allegation of noncompliance arises shall assume the costs associated with the travel and other expenses of any observers sent to the county pursuant to this subparagraph (II) where the secretary has reasonable grounds to believe that the election is not being conducted in accordance with the requirements of HAVA or of this code.
   2. In order to satisfy the requirements of this subsection (2), the secretary may require that each county designate not less than three persons experienced in the conduct of elections to form a pool of official election observers.
3. With the exception of a complaint brought under section 1-1.5-105 to remedy an alleged violation of HAVA, any interested party that has reasonable grounds to believe that an election is not being conducted in conformity with the requirements of this code may apply to the district court in the judicial district in which the allegation of noncompliance arises for an order giving the secretary access to all pertinent election records used in conducting the election and requesting the secretary to conduct the election.
4. The secretary shall seek the full amount of funds available to the state under HAVA for distribution to the counties in accordance with HAVA.

Source: L. 2003: Entire article added, p. 2067, § 7, effective May 22. L. 2005: (4) added, p. 1394, § 4, effective June 6; (4) added, p. 1429, § 4, effective June 6.

1-1.5-105. Complaint procedure.

1. Subject to the requirements of this section, in accordance with section 402 of HAVA, the secretary may establish by rule a uniform administrative complaint procedure to remedy grievances brought under Title III of HAVA.
2. Any rules promulgated pursuant to subsection (1) of this section must provide for, but need not be limited to, the following:
   1. A uniform and nondiscriminatory complaint procedure;
   2. Authorization for any person who believes that there is a violation of Title III of HAVA, including a violation that has occurred, is occurring, or that is about to occur, to file a complaint;
   3. A description by the complainant in his or her complaint of the alleged violation with particularity and a reference to the section of HAVA alleged to have been violated;
   4. A requirement that the complaint be filed no later than one year from the date of either the occurrence of the alleged violation or of the election giving rise to the complaint, whichever is later;
   5. A requirement that each complaint be in writing and notarized, signed, and sworn by the person filing the complaint;
   6. Authorization for the secretary to consolidate two or more complaints;
   7. At the request of the complainant, a hearing on the record;
   8. Authorization for the secretary to provide an appropriate remedy if the secretary determines that any provision of Title III of HAVA has been violated or to dismiss the complaint and publish the results of his or her review if the secretary determines that no provision of Title III of HAVA has been violated;
   9. A final determination on the complaint by the secretary prior to the expiration of the ninety-day period that begins on the date the complaint is filed, unless the complainant consents to an extension of time for making such determination;
   10. Resolution of the complaint within sixty days under an alternative dispute resolution procedure that the secretary shall establish in accordance with the requirements of this section if the secretary fails to satisfy the applicable deadline specified in paragraph (i) of this subsection (2), and the availability of the record and any other materials from any proceedings conducted under the complaint procedures established for use under such alternative dispute resolution procedures;
   11. Authorization for the secretary to conduct a preliminary review of any complaint submitted to him or her and to dismiss any complaint that he or she finds is not supported by credible evidence; and
   12. Recovery by the secretary of the costs of the proceeding against any complainant who files a complaint that, in connection with the final determination by the secretary pursuant to paragraph (i) of this subsection (2), is found, on the basis of clear and convincing evidence, to be frivolous, groundless, or vexatious.
3. Notwithstanding any other provision of law:
   1. No complaint shall be brought pursuant to the procedure created by this section unless the complaint alleges a violation of Title III of HAVA;
   2. Proceedings for the resolution of a complaint brought pursuant to this section shall not be considered an adjudication under article 4 of title 24, C.R.S.; and
   3. The procedures created by this section shall constitute the exclusive administrative remedy for a violation of Title III of HAVA.
4. Any person aggrieved by a final determination by the secretary acting pursuant to paragraph (i) of subsection (2) of this section may appeal the secretary's determination to the district court in and for the city and county of Denver within thirty days of the date of the determination.

Source: L. 2003: Entire article added, p. 2069, § 7, effective May 22. L. 2016: IP(2) and (2)(b) amended, (SB 16-142), ch. 173, p. 567, § 6, effective May 18.

1-1.5-106. Federal elections assistance fund - match requirements - maintenance of effort - grants and loans to counties.

1. 1. There is hereby created in the state treasury the federal elections assistance fund, which fund shall be administered by the secretary and shall consist of:
      1. All moneys received by the state from the federal government pursuant to HAVA;
      2. All moneys appropriated or otherwise made available to the fund by the general assembly for the purpose of carrying out the activities required by HAVA;
      3. All moneys received by the state as payment from the counties pursuant to subsection (3) of this section;
      4. Moneys collected by the secretary for the implementation of this article from federal grants and other contributions, grants, bequests, and donations received from individuals, private organizations, or foundations; and
      5. Interest earned on deposits made to the fund.
   2. All moneys specified in paragraph (a) of this subsection (1) shall be transmitted to the state treasurer to be credited to the fund.
2. 1. Any moneys received by the state from the federal government pursuant to HAVA shall be used by the state only for the purposes specified by the provisions of HAVA under which the moneys were provided.
   2. All moneys in the fund are continuously appropriated to the department for the proper administration, implementation, and enforcement of HAVA in accordance with the requirements of this article. All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.
3. Subject to available appropriations, the secretary may direct that moneys in the department of state cash fund created in section 24-21-104 (3)(b), C.R.S., as of July 1, 2003, be used to satisfy in whole or in part the requirement of section 253 (b)(5) of HAVA that the state appropriate funds for carrying out the activities for which federal payments are being made in an amount equal to five percent of the total amount to be spent for such activities. In order to assist the state in satisfying this requirement of HAVA, the secretary may assess the counties for a share of the financial requirement assessed against the state under HAVA as specified in this subsection (3) and may establish by rule a plan to fairly and reasonably allocate the financial obligation among the counties pursuant to this subsection (3).
4. For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the general assembly shall make an annual appropriation to the department out of moneys in the department of state cash fund for election-related purposes that is not less than the level of expenditures for such purposes maintained by the state for the 2001-02 fiscal year.
5. For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, and subject to available appropriations, the secretary shall maintain out of moneys in the department of state cash fund a level of expenditures in support of the statewide voter registration system created in section 1-2-301 that is not less than the level of expenditures for such purposes maintained by the secretary for the 2001-02 fiscal year.
6. For the county fiscal year that ends prior to November 1, 2003, and for each county fiscal year thereafter in which the state receives payments from the federal government in accordance with Title I of HAVA, each county shall maintain not less than the same amount of expenditures on activities arising under Title III of HAVA that it expended on such activities for its fiscal year ending prior to November 2002, excluding moneys expended during that period for capital expenditures on new voting equipment or any other one-time capital expenditure as determined by the secretary.
7. The secretary may establish a program pursuant to which the secretary may award grants or loans to the counties for the purpose of assisting the counties in meeting any of the requirements imposed upon them pursuant to HAVA or by this article. In connection with the establishment of any such program created pursuant to this subsection (7), the secretary shall specify, without limitation, qualification requirements for eligibility to receive a grant or loan, administration of the grant or loan program, criteria for awarding a grant or loan, any limit on the total amount of moneys to be awarded in a grant or loan pursuant to the requirements of this subsection (7), any limit on the amount to be awarded to any one grant or loan recipient, auditing or reporting requirements for grant or loan recipients, penalty provisions where grant or loan moneys are expended improperly, and, in the case of loans, repayment terms. Notwithstanding any other provision of law, each loan awarded pursuant to this subsection (7) shall bear interest at a specified rate.
8. In response to the failure by a county to satisfy any of the requirements imposed upon it pursuant to this section, the secretary may deduct from the reimbursement to which the county would ordinarily be entitled pursuant to section 1-5-505.5 the amount of moneys owed by the county pursuant to this section.
9. Any county may donate to the state equipment for voter registration purposes in accordance with part 3 of article 2 of this title, which equipment is determined to be usable by the secretary. In exchange for such donation, the county shall receive a credit in the amount of the fair market value of the item donated against the financial obligation assessed against the county pursuant to subsection (3) of this section.

Source: L. 2003: Entire article added, p. 2070, § 7, effective May 22.

1-2-101. Qualifications for registration - preregistration.

1. Every person who is eighteen years of age or older on the date of the next election and who has the following qualifications is entitled to register to vote at all elections:
   1. The person is a citizen of the United States; and
   2. The person has resided in this state twenty-two days immediately prior to the election at which the person intends to vote.
2. 1. 1. Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is sixteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update his or her preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered. (2) (a) (I) Notwithstanding subsection (1) of this section, upon satisfactory proof of age, every person who is otherwise qualified to register and is sixteen years of age or older but will not have reached eighteen years of age by the date of the next election may preregister and update his or her preregistered information by any means authorized in this article for persons eighteen years of age or older. Upon reaching eighteen years of age, the person is automatically registered.
      2. Repealed.
   2. The registration requirements of section 1-2-201 apply to a person preregistering to vote under this subsection (2).
   3. A person preregistered under this subsection (2) who is seventeen years of age on the date of a primary election or presidential primary election and who will be eighteen years of age on the date of the next general election is entitled to vote in the primary election or presidential primary election.
3. Repealed.

Source: L. 92: Entire article R&RE, p. 636, § 2, effective January 1, 1993. L. 93: (1)(b) amended, p. 1397, § 13, effective July 1. L. 94: (1)(b) amended, p. 1751, § 4, effective January 1, 1995. L. 95: (1)(b) amended, p. 821, § 5, effective July 1. L. 96: (1)(b) amended, p. 1734, § 7, effective July 1. L. 2013: (1)(b) amended, (HB 13-1303), ch. 185, p. 687, § 6, effective May 10; (2) added, (HB 13-1135), ch. 184, p. 677, § 1, effective August 7. L. 2018: (3) added, (SB 18-150), ch. 261, p. 1600, § 1, effective July 1, 2019. L. 2019: (3) repealed, (HB 19-1266), ch. 283, p. 2644, § 5, effective July 1; (2)(c) added, (HB 19-1278), ch. 326, p. 3005, § 3, effective August 2.

1-2-102. Rules for determining residence.

1. The following rules shall be used to determine the residence of a person intending to register or to vote in any precinct in this state and shall be used by election judges in challenge procedures:
   1. 1. The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence.
      2. For the purpose of voter registration residence, a homeless elector shall identify a specific location within a county where the elector returns to regularly. This location may include a homeless shelter, a homeless services provider, a park, a campground, a vacant lot, a business address, or any other physical location. If the homeless elector's registration residence does not include a mailing address, the elector shall also provide a mailing address.
   2. In determining what is the principal or primary place of abode of a person, the following circumstances relating to the person shall be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse or civil union partner, and children, if any, leaseholds, situs of personal and real property, existence of any other residences and the amount of time spent at each residence, and motor vehicle registration.
   3. The residence given for voting purposes shall be the same as the residence given for motor vehicle registration and for state income tax purposes.
   4. A person shall not be considered to have gained a residence in this state, or in any county or municipality in this state, while retaining a home or domicile elsewhere.
   5. If a person moves to any other state with the intention of making it a permanent residence, that person is considered to have lost Colorado residence after twenty-two days' absence from this state unless the person has evidenced an intent to retain a residence in this state by a self-affirmation executed pursuant to section 1-7.5-107 (3)(b.5).
   6. After a person moves from one residence to another and has made the new residence his or her sole legal place of residence, the person is considered to have residence at the residence in this state to which the person moved.

Source: L. 92: Entire article R&RE, p. 636, § 2, effective January 1, 1993. L. 94: (1)(e) and (1)(f) amended, p. 1752, § 5, effective January 1, 1995. L. 96: (1)(a) and (1)(e) amended, pp. 1734, 1773, §§ 8, 77, effective July 1. L. 2013: (1)(b), (1)(e), and (1)(f) amended, (HB 13-1303), ch. 185, p. 687, § 7, effective May 10. L. 2014: (1)(f) amended, (SB 14-161), ch. 160, p. 555, § 2, effective May 9. L. 2018: (1)(a)(II) amended, (SB 18-233), ch. 262, p. 1603, § 2, effective May 29.

Editor's note: This section is similar to former § 1-2-102 as it existed prior to 1992.

Cross references: (1) For change of residence, see § 1-2-216; for penalty for voting by giving false information regarding place of residence, see § 1-2-228; for residency requirement for electors, see § 1-2-101 (1)(b); for emergency registration in certain cases of change of residence, see § 1-2-217.5.

(2) In 2013, subsections (1)(b), (1)(e), and (1)(f) 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.

1-2-103. Military service - students - inmates - persons with behavioral or mental health disorders - confinement.

1. For the purposes of registration, voting, and eligibility for office, no person gains residence by reason of that person's presence, or loses it by reason of absence, while in the civil or military service of the state or of the United States; while a student at any institution of higher education; or while confined in a correctional facility, jail, or state institution if the person is not serving a sentence for a felony conviction.
2. The provisions of subsection (1) of this section notwithstanding, no person otherwise qualified under the provisions of this code shall be denied the right to register or to vote at any election held within this state solely because that person is a student at an institution of higher education.
3. No provision in this section shall apply in the determination of residence or residence status of students for any college or university purpose.
4. No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election. A confined prisoner who is awaiting trial but has not been tried or who is not serving a sentence for a felony conviction shall be certified by the institutional administrator, may register to vote pursuant to this article 2, and may list his or her confinement location as his or her ballot address in accordance with section 1-2-204 (2)(f.3). An individual serving a sentence of parole is eligible to register to vote and to vote in any election.
5. A person confined in a state institution for persons with behavioral or mental health disorders shall not lose the right to vote because of the confinement.

Source: L. 92: Entire article R&RE, p. 637, § 2, effective January 1, 1993. L. 95: (4) amended, p. 821, § 6, effective July 1. L. 2005: (4) amended, p. 1395, § 5, effective June 6; (4) amended, p. 1430, § 5, effective June 6. L. 2006: (5) amended, p. 1394, § 29, effective August 7. L. 2017: (5) amended, (SB 17-242), ch. 263, p. 1262, § 29, effective May 25. L. 2018: (1) and (4) amended, (SB 18-233), ch. 262, p. 1604, § 3, effective May 29. L. 2019: (4) amended, (HB 19-1266), ch. 283, p. 2643, § 3, effective July 1.

Editor's note: This section is similar to former § 1-2-103 as it existed prior to 1992.

Cross references: (1) For when residence does not change because of presence in the state as a student, inmate, or due to civil or military service, see § 4 of art. VII, Colo. Const.; for disfranchisement during imprisonment, see § 10 of art. VII, Colo. Const.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019.

1-2-104. Additional qualifications.

The authorizing legislation, as defined in section 1-1-104 (1.5), may provide additional or alternative qualifications for a person to become an eligible elector of a political subdivision.

Source: L. 92: Entire article R&RE, p. 638, § 2, effective January 1, 1993. L. 94: (1)(a) amended, p. 1752, § 6, effective January 1, 1995. L. 96: Entire section amended, p. 1735, § 9, effective July 1.

Editor's note: This section is similar to former § 1-2-104 as it existed prior to 1992.

1-2-201. Registration required - deadlines - additional identifying information to be provided by first-time registrants.

1. No person shall be permitted to cast a regular ballot at any election without first having been registered within the time and in the manner required by the provisions of this article. No charge shall be made for registration.
2. Each elector registering shall sign his or her name on the registration record or, if unable to write, shall make a personal mark or be provided assistance to make such a mark by the county clerk and recorder or any other person authorized by the county clerk and recorder or the elector. The elector shall answer the questions required by section 1-2-204 and shall complete the self-affirmation required by section 1-2-205.
3. 1. Any other provisions of this title to the contrary notwithstanding, an elector is permitted to vote in any primary, presidential, general, coordinated, special legislative, municipal, congressional vacancy, special district, or other election if he or she timely registers to vote before or on the date of such election.
   2. An elector may timely register to vote by:
      1. Submitting an application through a voter registration drive no later than twenty-two days before the election; except that, if the twenty-second day before an election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, the elector is permitted to register on the next day that is not a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service;
      2. Registering through a high school, in accordance with part 4 of this article 2;
      3. Submitting an application through the mail, a voter registration agency, a local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5 (7)(c), through the eighth day prior to an election; except that, if the eighth day before an election is a Saturday, Sunday, or legal holiday, the elector is permitted to register on the next day that is not a Saturday, Sunday, or legal holiday;
      4. Appearing in-person at the elector's county clerk and recorder's office at any time during which registration is permitted at the office; or
      5. Appearing in-person at a voter service and polling center pursuant to section 1-2-217.7 at any time during which the voter service and polling center is open, including on election day.
4. To receive a ballot by mail for an election conducted under this code, an elector must submit his or her voter registration application on or before the eighth day before the election.
5. An elector who submits a voter registration form and has not previously voted in the state shall:
   1. Submit with the voter registration form a copy of identification as defined in section 1-1-104 (19.5), the elector's driver's license number, or the last four digits of the elector's social security number; or
   2. Submit a copy of identification as defined in section 1-1-104 (19.5) with the elector's mail ballot in accordance with section 1-7.5-107 (3.5).

Source: L. 92: Entire article R&RE, p. 638, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1752, § 7, effective January 1, 1995. L. 96: (2) amended and (3) added, p. 1735, §§ 10, 11, effective July 1. L. 97: (3) amended, p. 471, § 2, effective July 1. L. 99: (3) amended, p. 757, § 4, effective May 20; (3) amended, p. 1389, § 6, effective June 4. L. 2005: (1) amended, p. 1395, § 6, effective June 6; (1) amended, p. 1430, § 6, effective June 6. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 688, § 8, effective May 10. L. 2014: (3)(b)(I) and (3)(b)(III) amended and (4) added, (SB 14-161), ch. 160, p. 556, § 3, effective May 9. L. 2016: (5) added, (SB 16-142), ch. 173, p. 567, § 7, effective May 18. L. 2021: (3)(b)(I) amended, (SB 21-250), ch. 282, p. 1630, § 2, effective June 21.

1-2-202. Registration by county clerk and recorder.

1. The county clerk and recorder shall register any eligible elector residing in any precinct in the state of Colorado who appears in person at any office regularly maintained by the county clerk and recorder and staffed by regular employees at any time. If the elector resides in a county other than where he or she is registering, the registration shall be forwarded to the county clerk and recorder of the county in which the elector resides.
2. Each municipal clerk shall serve as a deputy registrar. The municipal clerk shall register any eligible elector who appears in person at the municipal clerk's primary office at any time during which registration is permitted in the office of the county clerk and recorder. The municipal clerk shall deliver the new registration records to the office of the county clerk and recorder either in person or by mail no later than the tenth day of each month for the month immediately prior and in person on the day following the last day for registration preceding any election for which registration is required.
3. (Deleted by amendment, L. 94, p. 1753 , § 8, effective January 1, 1995.)
4. If the county clerk and recorder finds that a precinct is composed of three percent or more non-English-speaking eligible electors, the county clerk and recorder shall take affirmative action to recruit full-time or part-time staff members who are fluent in the language used by the eligible electors and in English. The action shall be conducted through voluntarily donated public service notices in the media, including newspapers, radio, and television, particularly those media which serve those non-English-speaking persons.
5. Repealed.
6. (Deleted by amendment, L. 97, p. 471 , § 3, effective July 1, 1997.)
7. Registration records for any election shall include all those electors who have registered up to and including election day.

Source: L. 92: Entire article R&RE, p. 639, § 2, effective January 1, 1993. L. 93: (2) amended, p. 1397, § 14, effective July 1. L. 94: (1) amended, p. 1151, § 6, effective July 1; (1), (2), (3), and (7) amended, p. 1753, § 8, effective January 1, 1995. L. 95: (1), (2), and (7) amended, p. 821, § 7, effective July 1. L. 97: (1), (2), (6), and (7) amended, p. 471, § 3, effective July 1. L. 99: (2) amended, p. 757, § 5, effective May 20. L. 2010: (5) repealed, (HB 10-1116), ch. 194, p. 829, § 1, effective May 5. L. 2013: (7) amended, (HB 13-1303), ch. 185, p. 688, § 9, effective May 10.

1-2-202.5. Online voter registration - online changes in elector information.

1. 1. [ Editor's note: This version of subsection (1)(a) is effective until March 1, 2022.] An elector may register to vote, and a registered elector may change his or her residence in the registration record or change or withdraw his or her affiliation, by completing an electronic form on the official website of the secretary of state if the elector's signature is stored in digital form in the database systems maintained by the department of state pursuant to section 1-2-301 (1) or accessible to the department of state in accordance with the requirements of section 1-2-302 (6).

      (1) (a) [ Editor's note: This version of subsection (1)(a) is effective March 1, 2022. ] An elector may register to vote, and a registered elector may change his or her residence in the registration record or change or withdraw his or her affiliation, by completing an electronic form on the official website of the secretary of state if the elector's signature is stored in digital form in the database systems maintained by the department of state pursuant to section 1-2-301 (1) or is accessible to the department of state in accordance with the requirements of section 1-2-302 (6), or if the elector provides the last four digits of the elector's social security number and the number can be validated through the department of revenue pursuant to section 1-2-302 (6.7).

   2. The official website referenced in paragraph (a) of this subsection (1) shall be fully secure. The website shall maintain the confidentiality of all users and preserve the integrity of the data submitted. Further specifications regarding the security of the website may be promulgated by the secretary by rule in accordance with the provisions of section 1-1-107 (2)(a).

   (1.5) A person may preregister pursuant to section 1-2-101 (2) on the official website referenced in, and in accordance with the signature requirements of, subsection (1) of this section, and any person that has preregistered may change his or her information on the registration record by completing an electronic form on the official website referenced in subsection (1) of this section.

2. The secretary of state shall make available on the secretary of state's official website electronic forms for persons to apply to register to vote and for a registered elector to change his or her residence or change or withdraw his or her affiliation.
3. The electronic voter registration form must include:
   1. 1. The questions "Are you a citizen of the United States of America?", "Are you at least sixteen years of age?", "Do you understand that you must be at least seventeen years old and turning eighteen years old on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen years old to be eligible to vote in any other election?", "Have you resided in Colorado for at least twenty-two days immediately prior to the election?","Do you reside in the precinct in which you intend to register?", "Is the address you have listed your sole legal place of residence for purposes of voting?", and "Do you affirm that you will not cast more than one ballot in any election?" and places for the elector to input answers to the questions.
      2. Following the questions listed in subparagraph (I) of this paragraph (a), the form shall include the statement "If you checked 'no' in response to any of these questions, do not complete this application because you do not qualify as an eligible elector in accordance with section 1-2-101, Colorado Revised Statutes.".
   2. The questions specified in section 1-2-204 (2) with places for the elector to input information in response to the questions;
   3. [ Editor's note: This version of subsection (3)(c) is effective until March 1, 2022.] A place for the elector to input additional information, as determined by the secretary of state, necessary to locate the elector's signature in the database systems specified in subsection (1) of this section and a place for the elector to assent to the use of the signature for voter registration purposes;

      (c) [ Editor's note: This version of subsection (3)(c) is effective March 1, 2022. ] (I) A place for the elector to input additional information, as determined by the secretary of state, necessary to locate the elector's signature in the database systems specified in subsection (1) of this section and a place for the elector to assent to the use of the signature for voter registration purposes.

      (II) A place for the elector, in the alternative, to enter the last four digits of the elector's social security number to be validated pursuant to subsection (1) of this section and to upload a signature electronically.

   4. The self-affirmation required under section 1-2-205; and
   5. A statement that notifies the user of the website that it is against the law to knowingly submit false information or to tamper with another person's voter registration information.
4. 1. The electronic form for a registered elector to change his or her residence shall include the information required by section 1-2-216 (1).
   2. The electronic form for a registered elector to change or withdraw his or her affiliation shall include the information required by section 1-2-219 (1).
   3. Repealed.
   4. In addition to any other requirements of this section, in order for a registered elector to access the electronic form to change his or her residence or change or withdraw his or her affiliation, the registered elector shall submit his or her birth date and, if the elector wishes to state them, the last four digits of his or her social security number.
5. [ Editor's note: This version of subsection (5) is effective until March 1, 2022.] An elector's assent on the electronic application to the use of his or her signature for voter registration purposes meets the signature requirement of section 1-2-201 (2).

   (5) [ Editor's note: This version of subsection (5) is effective March 1, 2022. ] The signature requirement of section 1-2-201 (2) is met by an elector's assent on the electronic application to the use of his or her signature for voter registration purposes, the return of an elector's signature in response to a notice sent pursuant to subsection (7)(a) or (7)(b) of this section, or the return of an elector's signature and copy of the elector's identification pursuant to section 1-7.5-107.3 (1.5).

6. The county clerk and recorder shall determine if the information submitted on the electronic form is complete prior to approving a new registration or approving an elector's change in residence or change in or withdrawal of his or her affiliation.
7. 1. [ Editor's note: This version of subsection (7)(a) is effective until March 1, 2022.] When a person completes an electronic voter registration form in accordance with subsection (3) of this section and is qualified to register based on the information provided in the form, the county clerk and recorder shall search for the elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

      (7) (a) [ Editor's note: This version of subsection (7)(a) is effective March 1, 2022. ] (I) When a person completes an electronic voter registration form in accordance with subsection (3) of this section and is qualified to register based on the information provided in the form, the county clerk and recorder shall search for the elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

      (II) If a signature is not found, but the elector provided the last four digits of the elector's social security number, the county clerk and recorder shall:

      1. Approve the new registration pursuant to subsection (6) of this section and shall add the elector to the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1); and
      2. Send to the elector's address of record, by nonforwardable mail, notice that the elector has been registered to vote, a postage paid preaddressed return form by which the elector may return a signature, and information on how the elector can upload a signature electronically.
   2. [ Editor's note: This version of subsection (7)(b) is effective until March 1, 2022.] When a registered elector completes an electronic form to change his or her residence or change or withdraw his or her affiliation, the county clerk and recorder shall search for the registered elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

      (b) [ Editor's note: This version of subsection (7)(b) is effective March 1, 2022. ] (I) When a registered elector completes an electronic form to change his or her residence or change or withdraw his or her affiliation, the county clerk and recorder shall search for the registered elector's signature in the database systems specified in subsection (1) of this section. If the signature is found, the county clerk and recorder shall approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1).

      (II) If a signature is not found, but the elector provided the last four digits of the elector's social security number, the county clerk and recorder shall:

      (A) Approve the change in status pursuant to subsection (6) of this section and shall make the changes indicated on the electronic form in the computerized statewide voter registration list maintained by the secretary of state pursuant to section 1-2-301 (1); and

      (B) Send to the elector's address of record, by nonforwardable mail, notice of the change in status, a postage paid preaddressed return form by which the elector may return a signature, and information on how the elector can upload a signature electronically.

   3. 1. A person attempting to register or update his or her residence through the online voter registration system after the eighth day before an election shall be registered and immediately informed that the person must instead visit a voter service and polling center to receive a ballot for the election.
      2. [ Editor's note: This version of subsection (7)(c)(II) is effective until March 1, 2022.] A change or withdrawal of affiliation made in accordance with this section applies to an election if the elector completes the electronic form no later than twenty-nine days before the election; except that, if the twenty-ninth day before an election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday.

         (II) [ Editor's note: This version of subsection (7)(c)(II) is effective March 1, 2022. ] A change or withdrawal of affiliation made in accordance with this section applies to an election if the elector completes the electronic form no later than twenty-two days before the election; except that, if the twenty-second day before an election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday.

   4. 1. (d) [ Editor's note: Subsection (7)(d) is effective March 1, 2022.] (I) If a notice provided under subsection (7)(a)(II) or (7)(b)(II) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or change in status is canceled and the person is deemed never to have registered or changed status. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive.
      2. Notwithstanding subsection (7)(d)(I) of this section, if a person votes in an election after submitting the application for registration or change in status but before the notice is returned as undeliverable, the person's registration or change in status shall not be canceled and the registration shall not be marked inactive.
8. 1. No later than July 1, 2011, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information on file with the department of revenue for driver's license or identification card purposes.
   2. No sooner than November 1, 2011, and no later than January 1, 2012, the secretary of state shall make available on the secretary of state's official website a link to the department of revenue's official website, whereby an elector may change his or her address information for state income tax purposes.

Source: L. 2009: Entire section added, (HB 09-1160), ch. 263, p. 1205, § 1, effective May 15. L. 2010: (8) added, (HB 10-1045), ch. 317, p. 1478, § 1, effective July 1, 2011. L. 2013: (1)(a), (2), IP(3), (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) amended and (4)(c) repealed, (HB 13-1303), ch. 185, p. 688, § 10, effective May 10; (1.5) added, (HB 13-1135), ch. 184, p. 678, § 2; effective August 7. L. 2014: (4)(d), (7)(b), and (7)(c)(I) amended, (SB 14-161), ch. 160, p. 556, § 4, effective May 9. L. 2016: (3)(b), (3)(d), and (7)(c)(II) amended, (SB 16-142), ch. 173, p. 567, § 8, effective May 18. L. 2017: (1)(a) amended, (HB 17-1107), ch. 101, p. 376, § 35, effective August 9. L. 2019: (3)(a)(I) amended, (HB 19-1278), ch. 326, p. 3006, § 4, effective August 2. L. 2021: (1)(a), (3)(c), (5), (7)(a), (7)(b), and (7)(c)(II) amended and (7)(d) added, (SB 21-250), ch. 282, p. 1631, § 3, effective March 1, 2022.

Editor's note: 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 March 1, 2022.

Cross references: (1) In 2013, subsections (1)(a) and (2), the introductory portion to subsection (3), and subsections (3)(a)(I), (4)(d), (6), (7)(b), and (7)(c) were amended and subsection (4)(c) 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 short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-203. Registration on Indian reservations.

1. The secretary or secretary's designee of any tribal council of an Indian tribe located on a federal reservation serves as a deputy registrar only for registration purposes for the county in which the reservation is located. The secretary of the tribal council or the secretary's designee shall register any eligible elector residing in any precinct in the county who provides a complete voter registration application to the secretary of the tribal council at any time during which registration is permitted in the office of the county clerk and recorder. The secretary of the tribal council shall forward the registration records to the county clerk and recorder, either in person or by certified mail, on or before the fifteenth day of each month; except that, within twenty-two days before an election, the secretary of the tribal council shall appear in person or transmit daily to deliver any registration records to the county clerk and recorder. Within eight days before an election, the secretary of the tribal council shall accept an application and inform the applicant that he or she must go to a voter service and polling center in order to vote in that election.
2. An eligible elector who lives on an Indian reservation, but who does not have a residence address recognized by the United States postal service, may register to vote using, as his or her residence address, the address of the tribal council headquarters or any other address approved by the secretary of the tribal council.

Source: L. 92: Entire article R&RE, p. 640, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1398, § 15, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 568, § 9, effective May 18. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3006, § 5, effective August 2.

Editor's note: This section is similar to former § 1-2-202.5 as it existed prior to 1992.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-204. Questions answered by elector - rules.

1. Repealed.
2. In addition, each elector shall correctly answer the following:
   1. The elector's name in full;
   2. The elector's place of residence, including municipal address with street number or, if there is no street number, by legal description of the land upon which the residence sits, including lot, block, addition, division, or subdivision, as applicable. In all other cases, the residence shall be described by the section or subdivision in the township and range as established and numbered by the United States government survey. If the place of residence is an apartment house, rooming house, dormitory, hotel, or motel, the number of the floor and the number of the apartment or room shall also be given. No vacant lot or business address shall be considered a residence. A post office box number shall not be used as a place of residence for the purposes of this subsection (2).
   3. Whether the elector is a citizen of the United States;
   4. The elector's gender identity, if the elector wishes to state it;
   5. The elector's date of birth;
   6. The elector's deliverable mailing address if different from the elector's address of record;
   7. The address where the elector wishes to receive his or her ballot if different from the address of record;
   8. The elector's current and valid Colorado driver's license number, the number of the current and valid identification card issued to the elector in accordance with part 3 of article 2 of title 42, or the last four digits of the elector's social security number. If the elector does not have a social security number or a current and valid Colorado driver's license or identification card, the elector shall answer that he or she does not have a social security number or a current and valid Colorado driver's license or identification card.
   9. Repealed.
   10. Whether or not the elector is registered to vote in another county of this state;
   11. Whether or not the elector was registered to vote in another state;
   12. The elector's affiliation, if any, if the eligible elector desires to affiliate with any political party or political organization. If this question is not answered, the elector shall be registered as "unaffiliated". Only the eligible elector personally shall declare the eligible elector's affiliation.
   13. In the case of an unaffiliated elector, the name of the political party, if any, whose primary election ballot the elector desires to receive in the mail;
   14. Repealed.
   15. The question "Do you affirm that you meet the voter registration qualifications and that the information you have provided in this application is true to the best of your knowledge and belief?".

   (2.5) If an applicant for voter registration has not been issued a current and valid Colorado driver's license, a current and valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or a social security number, the secretary of state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. Insofar as the department of state has created a computerized statewide voter registration list in accordance with the requirements of part 3 of this article and the list assigns unique identifying numbers to registrants, the number assigned under this subsection (2.5) shall be the unique identifying number assigned under the list.

   (2.7) The form used for registration of electors shall contain a statement that the applicant must comply with the requirements of paragraph (f.5) of subsection (2) of this section, that an applicant who is qualified to vote in this state but does not have a driver's license, state-issued identification card, or social security number may still register to vote, and that the secretary of state will assign an identifying number to such an applicant for voter registration purposes.

3. 1. If the county clerk and recorder has reasonable cause to believe that an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action.
   2. If the elector states that the elector's present address is the elector's sole legal residence and that the elector claims no other place as the elector's legal residence and if the elector meets the qualifications of section 1-2-101, the county clerk and recorder shall proceed to register the elector.
   3. If the elector does not comply with the requirements of subsections (1) and (2) of this section, the county clerk and recorder shall not register the elector.
4. 1. If the registration record of a registered elector does not contain the last four digits of the elector's social security number, the county clerk and recorder shall request the elector to provide the last four digits of the elector's social security number. The request may be made of the registered elector by the county clerk and recorder:
      1. In any written communication by mail from the county clerk and recorder to the registered elector;
      2. At any voter service and polling center in the registered elector's county;
      3. Repealed.
      4. In materials to be returned by the registered elector with a mail ballot.
   2. No registered elector shall be prohibited from voting at any election for failure to provide the last four digits of the elector's social security number or the elector's full social security number.
   3. Any social security number or the last four digits of a social security number of an elector that is obtained by the county clerk and recorder from such elector pursuant to this section shall be held confidential and shall not be published or be open to or available for public inspection. The county clerk and recorder shall develop appropriate security measures to ensure the confidentiality of such numbers.
   4. The last four digits of a social security number described in this section shall not be considered a social security number for purposes of section 7 of the federal "Privacy Act of 1974", Pub.L. 93-579.

   (4.5) This section does not apply to a covered voter, as defined in section 1-8.3-102, who is registering to vote pursuant to section 1-8.3-107.

5. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to determine the identity of a resident of a group residential facility, as defined in section 1-1-104 (18.5), and any rules necessary to ensure the consistent application of such identification rules.

Source: L. 92: Entire article R&RE, p. 641, § 2, effective January 1, 1993. L. 93: (2)(j) amended, p. 1398, § 16, effective July 1. L. 94: (1)(d) amended, p. 1753, § 9, effective January 1, 1995. L. 95: (2)(f) amended, p. 822, § 8, effective July 1. L. 97: (2)(i) amended, p. 472, § 4, effective July 1. L. 98: (2)(f.5) and (4) added and (2)(g) amended, p. 279, §§ 1, 2, effective April 14. L. 99: (2)(f) amended and (2)(k) added, p. 279, § 3, effective August 4; (2)(j) amended, p. 158, § 2, effective August 4. L. 2003: (2)(f.5) amended and (2.5) added, p. 2072, § 8, effective May 22. L. 2004: (2)(c), (2)(d), and (2)(f.5) amended, p. 426, § 2, effective April 13; (2)(f.5), IP(4)(a), (4)(a)(I), and (4)(b) amended and (4)(d) added, p. 1051, § 2, effective May 21. L. 2006: (2)(f.5) amended and (2.7) and (3)(c) added, pp. 2028, 2029, §§ 1, 2, effective June 6. L. 2007: (4)(a)(IV) amended, p. 1775, § 2, effective June 1; (2)(f.5) amended, p. 1968, § 4, effective August 3. L. 2009: (5) added, (HB 09-1336), ch. 261, p. 1198, § 5, effective August 5. L. 2012: (2)(d) amended, (HB 12-1292), ch. 181, p. 677, § 3, effective May 17. L. 2013: (2)(g) and (4)(a)(III) repealed, (2)(k), IP(4)(a), (4)(a)(II), and (4)(a)(IV) amended, and (2)(l) added, (HB 13-1303), ch. 185, p. 690, § 11, effective May 10. L. 2016: (1) repealed, IP(2) and (2)(d) amended, and (4.5) added, (SB 16-142), ch. 173, p. 568, § 10, effective May 18. L. 2017: (2)(j.5) added, (SB 17-305), ch. 216, p. 841, § 1, effective August 9. L. 2018: (2)(f.3) added, (2)(i) amended, and (2)(k) repealed, (SB 18-233), ch. 262, p. 1604, § 4, effective May 29. L. 2019: (2)(f.5) amended, (HB 19-1278), ch. 326, p. 3006, § 6, effective August 2.

Editor's note: This section is similar to former § 1-2-203 as it existed prior to 1992.

Cross references: (1) In 2013, subsections (2)(g) and (4)(a)(III) were repealed, subsection (2)(k), the introductory portion to subsection (4)(a), and subsections (4)(a)(II) and (4)(a)(IV) were amended, and subsection (2)(l) 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 short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-205. Self-affirmation made by elector.

1. The registration record to be signed by the elector shall bear the following statement:

   To swear or affirm falsely as to your qualifications to register to vote.

2. Each elector making application for registration or preregistration shall make the following self-affirmation: "I, ...., affirm that I am a citizen of the United States; I have been a resident of Colorado for at least twenty-two days immediately before an election I intend to vote in; I am at least sixteen years old; and I understand that I must be at least seventeen and turning eighteen on or before the date of the next general election to be eligible to vote in a primary election, and at least eighteen to be eligible to vote in any other election. I further affirm that the residence address I provided is my sole legal place of residence. I certify under penalty of perjury that the information I have provided on this application is true to the best of my knowledge and belief; and that I have not, nor will I, cast more than one ballot in any election.".
3. (Deleted by amendment, L. 94, p. 1754 , § 10, effective January 1, 1995.)
4. The elector shall sign the registration record as evidence of the affirmation made by the elector.
5. This section does not apply to a person registered in accordance with section 1-2-213.3 or 1-2-502.5.

WARNING: IT IS A CLASS 1 MISDEMEANOR:

Source: L. 92: Entire article R&RE, p. 643, § 2, effective January 1, 1993. L. 94: (2), (3), and (4) amended, p. 1754, § 10, effective January 1, 1995. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 691, § 12, effective May 10; (2) amended, (HB 13-1135), ch. 184, p. 678, § 3, effective August 7; (2) amended, (HB 13-1303), ch. 185, p. 691, § 12, effective August 7. L. 2014: (2) amended, (SB 14-161), ch. 160, p. 557, § 5, effective May 9. L. 2018: (2) amended, (SB 18-150), ch. 261, p. 1600, § 2, effective July 1, 2019. L. 2019: (2) amended and (5) added, (SB 19-235), ch. 329, p. 3056, § 9, effective August 2; (2) amended, (HB 19-1278), ch. 326, p. 3007, § 7, effective August 2.

1-2-206. Declaration of party affiliation. (Repealed)

Source: L. 92: Entire article R&RE, p. 643, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1152, § 7, effective July 1. L. 96: (2) repealed, p. 1736, § 12, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4.

1-2-207. Affidavit registration. (Repealed)

Source: L. 92: Entire article R&RE, p. 644, § 2, effective January 1, 1993. L. 94: Entire section repealed, p. 1754, §§ 11, 48, effective January 1, 1995.

1-2-208. Registration by federal postcard application - definitions. (Repealed)

Source: L. 92: Entire article R&RE, p. 644, § 2, effective January 1, 1993. L. 94: (1) amended, p. 1755, § 12, effective January 1, 1995. L. 95: (1) amended, p. 822, § 9, effective July 1. L. 99: (1) amended, p. 757, § 6, effective May 20. L. 2003: (1), (2), and (3) amended and (2.5) added, p. 1332, § 1, effective August 6. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13.

1-2-209. Registration of citizens who reside outside the United States - federal law. (Repealed)

Source: L. 92: Entire article R&RE, p. 645, § 2, effective January 1, 1993. L. 94: (2) amended, p. 1755, § 13, effective January 1, 1995. L. 95: (2) amended, p. 822, § 10, effective July 1. L. 97: (3) amended, p. 475, § 15, effective July 1. L. 99: (2) amended, p. 758, § 7, effective May 20. L. 2003: IP(1) and (3) amended, p. 1333, § 2, effective August 6. L. 2007: (3) amended, p. 1776, § 3, effective June 1; (1.5) added, p. 1041, § 1, effective August 3. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13.

1-2-209.5. Absent uniformed services and overseas electors - simultaneous voter registration and absentee ballot application - designated office - cooperation with military units. (Repealed)

Source: L. 2003: Entire section added, p. 1334, § 3, effective August 6. L. 2007: (1) amended, p. 1776, § 4, effective June 1; (2)(b) amended, p. 1041, § 2, effective August 3. L. 2011: Entire section repealed, (HB 11-1219), ch. 176, p. 673, § 5, effective May 13.

1-2-210. Registration for congressional vacancy elections.

Except as otherwise provided in section 1-4-401.5, in any congressional vacancy election, the time and method of registration and performance of other acts shall be as provided in this part 2 for general elections. In every other respect, the election shall be held in conformity with this part 2 as far as practicable. Any congressional vacancy election shall be called in sufficient time before the date of the election to permit the county clerk and recorder to comply with the provisions of this part 2.

Source: L. 92: Entire article R&RE, p. 646, § 2, effective January 1, 1993. L. 2008: Entire section amended, p. 409, § 1, effective August 5.

Editor's note: This section is similar to former § 1-2-211 as it existed prior to 1992.

1-2-210.5. Registration of and voting by persons in custody of division of youth services - definitions.

1. In the case of any individual committed to a juvenile facility and in the custody of the division of youth services in the department of human services created in section 19-2.5-1501 (1) who is eighteen years of age or older on the date of the next election, the administrator of the facility in which the individual is committed shall facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the administrator shall provide the individual information regarding the individual's voting rights and how the individual may register to vote and cast a mail ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail ballot cast by the individual is timely delivered to the designated election official.
2. The administrator and the secretary of state shall post the type or kind of verification satisfying the requirements of section 1-1-104 (19.5)(d) in a prominent place on the public websites maintained by the department of human services and the secretary, respectively. The secretary shall provide notice to the county clerk and recorders as well as other designated election officials throughout the state that such verification constitutes an acceptable form of identification under section 1-1-104 (19.5) permitting the individuals possessing such identification to register to vote and cast a ballot.
3. Notwithstanding any other provision of law, an administrator is exempt from any restriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official.
4. The administrator shall forward applications made under this section on a weekly basis, or on a daily basis during the last week allowed for registration prior to any election, to the county clerk and recorder of the county in which the facility is located, and, if the applicant resides in a different county from the facility, the application must then be forwarded to the county clerk and recorder of the county in which the applicant resides.
5. As used in this section:
   1. "Administrator" means the administrator, or the administrator's designee, of the division of youth services created in section 19-2.5-1501 (1), a residential facility operated by the division of youth services, or a residential facility that contracts with the division of youth services in which a person committed to the department of human services is confined and eligible to register to vote and cast a ballot.
   2. 1. "Voter information materials" means the following documents, as applicable to the election for which the individual seeks to register to vote and cast a ballot:
         1. Any forms used to register an elector under this part 2;
         2. An application for a mail ballot pursuant to section 1-13.5-1002;
         3. A copy of a ballot information booklet described in section 1-40-124.5; and
         4. Any mailings to electors that are described in section 1-40-125.
      2. Upon an administrator's written request to the legislative council staff or a county clerk and recorder for copies of the documents specified in sub-subparagraph (C) or (D) of subparagraph (I) of this paragraph (b), the legislative council staff or county clerk and recorder, as applicable, shall timely provide copies of the documents to the administrator in a sufficient number to cover the number of individuals who are authorized to register and vote under this section and who are either residing in the administrator's facility or under the supervision of the administrator's program.

Source: L. 2013: Entire section added, (HB 13-1038), ch. 28, p. 67, § 2, effective March 15. L. 2014: (1) and (5)(b)(I)(B) amended, (HB 14-1164), ch. 2, p. 71, § 34, effective February 18. L. 2017: (1) and (5)(a) amended, (HB 17-1329), ch. 381, p. 1968, § 11, effective June 6. L. 2021: (1) and (5)(a) amended, (SB 21-059), ch. 136, p. 707, § 3, effective October 1.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

1-2-211. Establishment and conduct of branch registration sites. (Repealed)

Source: L. 92: Entire article R&RE, p. 647, § 2, effective January 1, 1993. L. 94: Entire section repealed, p. 1755, § 14, effective January 1, 1995.

1-2-212. Mobile registration sites - definitions - establishment and conduct. (Repealed)

Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993. L. 94: (2)(a) and (2)(b) amended, p. 1756, § 15, effective January 1, 1995. L. 95: (2)(b) amended, p. 823, § 11, effective July 1. L. 97: Entire section repealed, p. 472, § 5, effective July 1.

1-2-213. Registration at driver's license examination facilities.

1. The department of revenue, through its local driver's license examination facilities, shall provide each eligible elector who applies for the issuance, renewal, or correction of any type of driver's license or for an identification card pursuant to part 3 of article 2 of title 42, C.R.S., an opportunity to complete an application to register to vote, which application provides the information required under this part 2.
2. 1. An applicant who wishes to complete an application for registration must provide the information required by section 1-2-204 with the exception of the information required by section 1-2-204 (2)(f.3). The applicant shall also sign the self-affirmation required by section 1-2-205.
   2. The application for registration shall not require any information that duplicates information required in the driver's license portion of the form other than a second signature or other information necessary to assure that the applicant meets the eligibility requirements for registration. The application may require only the minimum amount of information necessary to prevent duplicate voter registrations and enable the county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process.
   3. The application shall include a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration statistics purposes.
   4. Applications and changes must be forwarded on a weekly basis, or on a daily basis during the last week prior to any election conducted by the county clerk and recorder, to the county clerk and recorder of the county in which the applicant resides.
   5. The department of revenue, through its local driver's license examination facilities, shall notify a program participant, as defined in section 24-30-2103 (9), C.R.S., who submits a current and valid address confidentiality program authorization card of the provisions of section 24-30-2108 (4), C.R.S., and inform the participant about how he or she may use a substitute address, as defined in section 24-30-2103 (14), C.R.S., on the driver's license or identification card.
3. Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the application is complete, the applicant shall be deemed registered as of the date of application. If the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered as of the date of application if the additional information is provided at any time prior to the actual voting.
4. (Deleted by amendment, L. 94, p. 1756 , § 16, effective January 1, 1995.)
5. The department of revenue and the secretary of state shall jointly develop an application form or process, and a change of name and address form or process, that allows an applicant wishing to register to vote to do so without duplicating any information required for the issuance, renewal, or correction of the driver's license or identification card. Any such forms must be furnished to the local driver's license examination facilities by the department of revenue.
6. 1. Any registered elector who informs a driver's license examination facility of a change of name or address must have notice of the change of name or address forwarded by the driver's license examination facility to the county clerk and recorder of the county in which the elector resides.
   2. The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as "active", and send to the elector's address of record, by forwardable mail, notice of the change and a postage paid pre-addressed return form by which the elector may verify or correct the information.
   3. If the elector returns the form described in subsection (6)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector's previously updated information in the statewide voter registration database.
7. No information relating to the failure of an applicant for a driver's license to sign a voter registration application may be used for any purpose other than voter registration statistics.

Source: L. 92: Entire article R&RE, p. 648, § 2, effective January 1, 1993. L. 93: (1) and (2) amended, p. 1398, § 17, effective July 1. L. 94: (1) amended, p. 2542, § 7, effective January 1, 1995; (2), (4), and (6) amended and (7) added, p. 1756, § 16, effective January 1, 1995. L. 96: (2)(c), (2)(d), and (7) amended, p. 1736, § 13, effective July 1. L. 97: (2)(d) amended, p. 472, § 6, effective July 1. L. 2004: (5) amended, p. 191, § 1, effective August 4. L. 2007: (2)(e) added, p. 1699, § 1, effective July 1. L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 829, § 2, effective May 5. L. 2011: (2)(e) amended, (HB 11-1080), ch. 256, p. 1123, § 4, effective June 2. L. 2013: (2)(e) amended, (HB 13-1300), ch. 316, p. 1661, § 1, effective August 7; (2)(a) amended, (HB 13-1135), ch. 184, p. 678, § 4, effective January 1, 2014. L. 2016: (1), (2)(a), (2)(d), (5), and (6) amended, (SB 16-142), ch. 173, p. 569, § 11, effective May 18. L. 2018: (2)(a) and (6) amended, (SB 18-233), ch. 262, p. 1604, § 5, effective May 29.

Editor's note: This section is similar to former § 1-2-212.5 as it existed prior to 1992.

1-2-213.3. Transfer of new voter registration records from department of revenue.

1. 1. In addition to the requirements of section 1-2-213 for registered electors, the department of revenue shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, county of residence, citizenship information for, and an electronic copy of the signature of each unregistered elector and each person eligible to preregister in accordance with section 1-2-101 (2) who provides a document that demonstrates United States citizenship and who applies for the issuance, renewal, or correction of any type of driver's license or identification card pursuant to part 3 of article 2 of title 42; except that the department of state shall not use the record of an individual who applies for or renews an identification document under part 5 of article 2 of title 42 or the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes.
   2. The department of revenue shall continue to offer any person not registered to vote pursuant to subsection (2) of this section an opportunity to register to vote pursuant to section 1-2-213, unless they have provided documentation demonstrating a lack of United States citizenship.
2. Upon receiving an electronic record for an individual who provided documentation that confirmed his or her citizenship and contains the minimum information to register the individual to vote, the secretary of state shall provide the information to the county clerk and recorder of the county in which the person resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration.
3. If the record is complete for purposes of voter registration or preregistration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail:
   1. If the record is for an eligible elector, notice that the elector has been registered to vote and a postage paid pre-addressed return form by which the elector may:
      1. Decline to be registered as an elector; or
      2. Affiliate with a political party; and
   2. If the record is for a person eligible to preregister under section 1-2-101 (2), notice that the person has been preregistered and will be automatically registered upon turning eighteen years of age, and a postage paid preaddressed return form by which the person may:
      1. Decline to be preregistered; or
      2. Affiliate with a political party.
4. If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered or preregistered to vote and stating the additional information required to register or preregister. If the person provides the additional information, the person is registered or preregistered to vote effective as of the date of the person's application with the department of revenue. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (4), the person's registration is canceled.
5. A notice mailed under subsection (3) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.
6. The notice provided under subsection (3) of this section must include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if a person remains registered or preregistered to vote, the office at which the person was registered or preregistered will remain confidential and will be used only for voter registration statistics purposes.
7. 1. 1. If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is canceled and the person is deemed to have never registered or preregistered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is marked inactive. (7) (a) (I) If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is canceled and the person is deemed to have never registered or preregistered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration or preregistration is marked inactive.
      2. Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be canceled or marked inactive.
   2. If a notice provided under subsection (3) of this section is not returned within twenty days, the person is registered or preregistered as of the date of the person's application at the department of revenue and the person shall be marked as unaffiliated.
   3. If a person returns the form provided under subsection (3) of this section and declines to be registered or preregistered, including if the person returns the form and both declines to be registered or preregistered and also affiliates with a party, the person's registration or preregistration is canceled and the person is deemed to have never registered or preregistered; except that, if the person has voted in an election, the return form is of no effect and the person remains registered as of the date of the person's application with the department of revenue.
   4. If a person returns the form provided under subsection (3) of this section and affiliates with a party, the person is registered or preregistered as of the date of the person's application with the department of revenue and the person's affiliation shall be marked effective as of the date the affiliation information was received.
   5. If a person returns the form without marking either the option to decline or the option to affiliate with a party, the returned form is of no effect. The person is registered or preregistered as of the date of the person's application with the department of revenue and shall be marked as unaffiliated.
8. After the twenty-day period described in subsection (7) of this section passes, the registration information of a person registered pursuant to this section, including the fact that the person was registered through a voter registration agency, becomes a registration record that must be maintained and made available for public inspection in accordance with section 1-2-227. Information relating to the return of a notice form by a person declining to be registered or preregistered and information relating to the specific agency at which a person was registered pursuant to this section is not a public record subject to public inspection and shall not be used for any purpose other than voter registration statistics.
9. This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws.

Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3048, § 1, effective July 1, 2020. L. 2020: (7)(a)(I) amended, (HB 20-1402), ch. 216, p. 1040, § 1, effective June 30. L. 2021: (8) amended, (SB 21-250), ch. 282, p. 1633, § 5, effective June 21.

Editor's note: 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.

1-2-213.5. State institutions of higher education - electronic voter registration option - information to students.

1. 1. Any state institution of higher education, as defined in section 23-1-108 (7)(g)(II), C.R.S., that utilizes an electronic course registration process shall provide to each student registering electronically for courses at the institution the opportunity to register to vote by giving each student the option to be electronically directed to the official website of the secretary of state so that he or she may register in accordance with section 1-2-202.5. The option shall be provided to students either during or immediately following the electronic registration period for each term or semester.
   2. Each state institution of higher education subject to paragraph (a) of this subsection (1) shall implement the electronic voter registration option as soon as practicable, but not later than the next regularly scheduled maintenance to its electronic course registration system process.
   3. Each state institution of higher education subject to subsection (1)(a) of this section shall, during the first full week of each fall semester and during the last full week of each spring semester, provide by e-mail to each enrolled student information on voter eligibility and on how to register to vote or update their voter registration information in the statewide voter registration database.
2. A state institution of higher education that does not utilize an electronic course registration process shall provide to students information regarding how to register to vote, including, at a minimum, prominently posting such information in a clearly visible area of the institution's registrar's office.

Source: L. 2013: Entire section added, (HB 13-1147), ch. 122, p. 413, § 1, effective August 7. L. 2021: (1)(c) added, (SB 21-250), ch. 282, p. 1633, § 6, effective June 21.

Editor's note: 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.

1-2-214. Withdrawal of registration. (Repealed)

Source: L. 92: Entire article R&RE, p. 650, § 2, effective January 1, 1993. L. 97: Entire section repealed, p. 478, § 23, effective July 1.

Editor's note: This section was relocated to § 1-2-601 in 1997.

1-2-215. Certificate of registration.

Upon the request of any eligible elector, including requests made at the time of a regular biennial or special school election, special district election, or municipal election, the county clerk and recorder shall make and deliver to the elector a certificate of registration for the elector, setting forth the facts of the elector's registration, including the date, description, and other information recorded in connection with the registration, which certificate shall be attested by the signature of the county clerk and recorder and the seal of the county.

Source: L. 92: Entire article R&RE, p. 650, § 2, effective January 1, 1993.

Editor's note: This section is similar to former § 1-2-214 as it existed prior to 1992.

1-2-216. Change of address.

1. Any eligible elector who has moved within the state may have his or her residence changed on the registration record by submitting a letter or form furnished by the county clerk and recorder, either by mail, in person, or through the online voter registration system established pursuant to section 1-2-202.5. The letter or form for the change must include the elector's new residence address, mailing address if different from the residence address, old address, printed name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature and the date.
2. Any address change made on the same form or personal letter as a change or withdrawal of affiliation or name change shall be accepted by the county clerk and recorder if the form or personal letter is signed indicating that the elector intended to make the change or withdrawal indicated on the form or in the personal letter.
3. Any eligible elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark, or the elector may have his or her mark attested to by any other person on a prescribed form or personal letter, if the request is not made at the office of the county clerk and recorder.
4. 1. Any eligible elector may complete a change of address form stating, under penalty of perjury, that the elector moved before the election and that, on the day of the election, the elector will be living at the new address in the new precinct. Such change of address forms must be submitted as follows:
      1. By appearing in-person at a voter service and polling center or clerk and recorder's office in the county in which the elector resides, at any time during which the voter service and polling center or office is open;
      2. By submitting, on or before the eighth day before an election, an electronic change of address form through the online voter registration system established pursuant to section 1-2-202.5; or
      3. By submitting by mail a change of address form that is received by the elector's county clerk and recorder no later than the close of business on the eighth day before any election.
   2. The election judges shall allow the registered elector to cast the ballot for their current residence.
   3. (Deleted by amendment, L. 2013.)
5. Repealed.

Source: L. 92: Entire article R&RE, p. 651, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1399, § 18, effective July 1. L. 94: (1) amended, p. 1152, § 8, effective July 1; (1) and (4) amended, p. 1758, § 17, effective January 1, 1995. L. 95: (4) amended, p. 823, § 12, effective July 1. L. 96: (1) amended, p. 1736, § 14, effective July 1. L. 97: (4)(a) and (5) amended, p. 473, § 7, effective July 1. L. 99: (4)(a) amended, p. 758, § 8, effective May 20. L. 2005: (3) amended, p. 1395, § 7, effective June 6; (3) amended, p. 1430, § 7, effective June 6. L. 2007: (4)(c) amended, p. 1776, § 5, effective June 1. L. 2009: (1) amended, (HB 09-1216), ch. 165, p. 728, § 1, effective August 5; (4)(a) amended, (HB 09-1018), ch. 158, p. 682, § 1, effective August 5. L. 2010: (4)(a) amended, (HB 10-1116), ch. 194, p. 829, § 3, effective May 5. L. 2012: (4)(a) amended, (HB 12-1292), ch. 181, p. 677, § 4, effective May 17. L. 2013: (1) and (4) amended and (5) repealed, (HB 13-1303), ch. 185, p. 692, § 15, effective May 10.

1-2-216.5. Verification of change of address. (Repealed)

Source: L. 94: Entire section added, p. 1759, § 18, effective January 1, 1995. L. 95: Entire section amended, p. 823, § 13, effective July 1. L. 96: (2) amended, p. 1737, § 15, effective July 1. L. 2014: Entire section repealed, (SB 14-161), ch. 160, p. 567, § 29, effective May 9.

1-2-217. Change in residence after close of registration. (Repealed)

Source: L. 92: Entire article R&RE, p. 651, § 2, effective January 1, 1993. L. 93: (1) amended, p. 1400, § 19, effective July 1. L. 94: (1) amended, p. 1760, § 19, effective January 1, 1995. L. 95: (1) amended, p. 824, § 14, effective July 1. L. 96: (2) amended, p. 1737, § 16, effective July 1. L. 99: (1) amended, p. 758, § 9, effective May 20. L. 2007: (1) amended, p. 1776, § 6, effective June 1. L. 2010: (2) amended, (HB 10-1116), ch. 194, p. 830, § 4, effective May 5. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.

Cross references: In 2013, this section 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.

1-2-217.5. Change in residence before close of registration - emergency registration at office of county clerk and recorder. (Repealed)

Source: L. 94: Entire section added, p. 1759, § 18, effective January 1, 1995. L. 95: (2)(a) and (2)(b) amended and (5) added, p. 824, § 15, effective July 1. L. 96: (1)(b) amended, p. 1466, § 1, effective June 1; (2)(b) amended, p. 1737, § 17, effective July 1. L. 2002: (1)(a), (1)(c), IP(2), (3), (4), and (5) amended, p. 1625, § 1, effective June 7. L. 2003: IP(1), (1)(b), (1)(c), IP(2), (2)(a), and (5) amended, p. 986, § 1, effective April 17. L. 2004: (1)(a) and (1)(b) amended, p. 1052, § 3, effective May 21. L. 2005: (1)(a) and (2) amended, p. 1395, § 8, effective June 6; (1)(a) and (2) amended, p. 1430, § 8, effective June 6. L. 2007: (1)(b) and (2) amended, p. 1968, § 5, effective August 3. L. 2009: (2)(e) added, (HB 09-1205), ch. 383, p. 2078, § 1, effective August 5. L. 2010: (2)(a) repealed, (HB 10-1116), ch. 194, p. 830, § 5, effective May 5. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.

Cross references: In 2013, this section 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.

1-2-217.7. Registration on or immediately prior to election day - locations - rules - legislative declaration.

1. The general assembly hereby declares that the intent of this section is to remove barriers to participation in the political process and make voting and registration more convenient and accessible so all citizens who want to vote have the opportunity to exercise their right to vote by allowing such persons to register to vote up to and on election day.
2. Notwithstanding any other provision of law, an elector who is not registered to vote in Colorado or who is registered to vote in Colorado but has moved within the state and needs to make a change of address may register or update his or her address immediately prior to and on election day in accordance with this section and rules adopted pursuant to this section. Upon so registering or updating his or her information, the elector is entitled to vote at any voter service and polling center in the county where the elector registered.
3. Timing. Voter registration within the twenty-two days prior to an election must be conducted:
   1. 1. For general elections, from the fifteenth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-5-102.9; or
      2. For all other elections conducted or coordinated by a county clerk and recorder or for which a county clerk and recorder is the designated election official, from the eighth day prior to and including election day, at locations designated as voter service and polling centers by county clerk and recorders pursuant to section 1-7.5-107;
   2. By county clerk and recorders, or their designees who have received such specific training or instruction as may be provided or prescribed by the secretary of state, at the offices of the county clerk and recorders at any time during which registration is permitted at such offices; and
   3. Through the eighth day prior to election day, via mail application, voter registration agency, local driver's license examination facility, or the online voter registration system established pursuant to section 1-2-202.5.

   (3.5) Notwithstanding the deadlines specified in subsection (3) of this section, voter registration applications must be processed pursuant to section 1-2-508 (3).

4. Registration at voter service and polling centers.
   1. An elector may register and vote prior to an election or on election day if the elector:
      1. Appears in person at a voter service and polling center in the county in which the elector resides at a time when that voter service and polling center is open;
      2. Completes and signs a voter registration application in the form prescribed by the secretary of state by rule, which application must include the questions contained in section 1-2-204 (2); and
      3. Completes and signs the self-affirmation specified in section 1-2-205.
      4. Repealed.
   2. Repealed.
5. Change of residence at voter service and polling centers. In accordance with section 1-2-216 (4), a registered elector who has moved within the state may update his or her residence by appearing at a voter service and polling center in the elector's county of residence when the voter service and polling center is open. The elector may then vote at the voter service and polling center where the elector updated his or her information.
6. As soon as practicable, a county clerk and recorder shall access the statewide voter registration list maintained pursuant to section 1-2-301 (1) to add or update voter registration information when an elector registers or updates his or her information pursuant to this section. The secretary of state shall prescribe procedures to enable such additions or updates to be accomplished on an expedited basis.
7. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to implement this section.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 693, § 16, effective May 10. L. 2014: (3)(a) and (3)(c) amended and (3.5) added, (SB 14-161), ch. 160, p. 557, § 6, effective May 9. L. 2016: (4)(a)(II) amended and (4)(b) repealed, (SB 16-142), ch. 173, p. 570, § 12, effective May 18. L. 2021: (4)(a)(II) and (4)(a)(III) amended and (4)(a)(IV) repealed, (SB 21-250), ch. 282, p. 1634, § 7, effective June 21.

Editor's note: 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.

Cross references: 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.

1-2-218. Change of name.

1. Any eligible elector who has been registered in the county and who subsequently has had a name change by any legal means may have his or her name changed in the statewide voter registration system by:
   1. Appearing before the county clerk and recorder or at a voter service and polling center at any time during which registration at those locations is permitted and submitting the change on forms prescribed by the secretary of state;
   2. Sending a personal letter received by the county clerk and recorder at any time during which registration is permitted; or
   3. Completing and submitting, on election day, to an election judge forms prescribed by the secretary of state.
2. The prescribed form or personal letter for the change must include the elector's printed former legal name, printed present legal name, birth date, last four digits of the elector's social security number, if the elector wishes to state them, and signature of present legal name and the date. Prescribed forms shall be furnished by the county clerk and recorder upon oral or written request by the elector.
3. A name change shall not be made by anyone other than the elector.

Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1400, § 20, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 695, § 17, effective May 10. L. 2016: IP(1) amended, (SB 16-142), ch. 173, p. 570, § 13, effective May 18.

Editor's note: This section is similar to former § 1-2-216 as it existed prior to 1992.

Cross references: 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.

1-2-218.5. Declaration of affiliation.

1. The declaration of affiliation of each registered elector shall remain as recorded in the registration record until the elector changes or withdraws his or her affiliation.
2. Any eligible elector who has not declared an affiliation with a political party or political organization must be designated on the registration records of the county clerk and recorder as "unaffiliated". Any unaffiliated eligible elector may, but is not required to, declare a political party affiliation when the elector desires to vote at a primary election, or the elector may declare his or her political party or political organization affiliation at any other time during which electors are permitted to register by submitting a letter or a form furnished by the county clerk and recorder, by mail, in person, or online in accordance with section 1-2-202.5. An unaffiliated eligible elector need not declare an affiliation to vote in a presidential primary election.

Source: L. 99: Entire section added, p. 158, § 3, effective August 4. L. 2003: (2) amended, p. 1308, § 2, effective April 22. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 570, § 14, effective May 18. Initiated 2016: (2) amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819 ; (2) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822 .

1-2-219. Changing or withdrawing declaration of affiliation.

1. Any eligible elector desiring to change or withdraw the elector's affiliation may do so by completing and signing a prescribed request for the change or withdrawal and filing it with the county clerk and recorder or by submitting a personal letter written by the elector to the county clerk and recorder at any time up to and including the twenty-second day preceding a primary election; except that, if the twenty-second day before the primary election is a Saturday, Sunday, or legal holiday, the change or withdrawal applies if made by the next day that is not a Saturday, Sunday, or legal holiday. The prescribed form or personal letter for the change must include the elector's printed name, address within the county, birth date, the last four digits of the elector's social security number, if the elector wishes to state it, and signature, the date, the elector's previous affiliation status, and the requested change in affiliation status. A prescribed form must be furnished by the county clerk and recorder upon the elector's oral or written request. Upon receiving the request, the county clerk and recorder shall change the elector's affiliation on his or her registration record. If the affiliation is withdrawn, the designation on the elector's registration record must be changed to "unaffiliated". If an elector changes affiliation, the elector is entitled to vote, at any primary election, only the ballot of the political party to which the elector is currently affiliated. A change or withdrawal of affiliation may not be made by anyone other than the elector. Notwithstanding any other provision of law, a declaration or change of affiliation made by an unaffiliated elector in accordance with this section must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation as specified in this subsection (1) only applies to a primary election and does not apply to a general or coordinated election.
2. Any declaration, change, or withdrawal of affiliation made on the same form or personal letter as an address or name change shall be accepted by the county clerk and recorder if the form or personal letter is dated and signed so that it is clearly indicated that the elector intended to make the change or withdrawal indicated on the form or in the personal letter. An elector who is unable to write may request assistance from the county clerk and recorder, and the county clerk and recorder shall sign the form, witnessing the elector's mark or, on a personal letter, the elector shall have his or her signature attested to by a notary public.

Source: L. 92: Entire article R&RE, p. 652, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1401, § 21, effective July 1. L. 99: (1) amended, p. 158, § 4, effective August 4. L. 2003: (1) amended, p. 1309, § 3, effective April 22. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 571, § 15, effective May 18. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1605, § 6, effective May 29. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1634, § 8, effective June 21.

1-2-220. Loss of party affiliation. (Repealed)

Source: L. 92: Entire article R&RE, p. 653, § 2, effective January 1, 1993. L. 95: Entire section amended, p. 824, § 16, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4.

1-2-221. Continuation of affiliation. (Repealed)

Source: L. 92: Entire article R&RE, p. 653, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 1402, § 22, effective July 1. L. 99: Entire section repealed, p. 165, § 28, effective August 4.

1-2-222. Errors in recording of affiliation.

1. If an elector goes to the elector's legal voting place to vote at any primary election or to the office of the county clerk and recorder and contends that an error has been made in the recording of the elector's affiliation in the statewide voter registration system or that the affiliation has been unlawfully changed or withdrawn, the election judges or the county clerk and recorder shall allow the elector to make and sign an affidavit, which shall be substantially in the form provided in subsection (4) of this section. Any election judge or the county clerk and recorder has authority to administer the oath and take the acknowledgment of the elector's affidavit. When the affidavit is completed, the county clerk and recorder shall make the change as specified in the affidavit using the date provided by the elector on the affidavit as the new affiliation date.
2. (Deleted by amendment, L. 99, p. 159 , § 5, effective August 4, 1999.)
3. For the purposes of determining the eligibility of candidates for nomination in accordance with sections 1-4-601 (4)(a) and 1-4-801 (4), the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101, or the eligibility of persons to sign petitions in accordance with section 1-4-801 (2), the date of declaration of the party affiliation of the elector must be the date which the elector alleges by affidavit to be the correct date of affiliation.
4. Printed affidavit forms must be furnished to the election judges of the various election precincts. The affidavit form must be substantially as follows:

STATE OF COLORADO ) ) ss. County of ...........................................................) I, ...................., believing an error has been made as to the recording of my party affiliation, or a change unlawfully made, or a withdrawal unlawfully made in the statewide voter registration system, do solemnly swear, or affirm, that the party affiliation as now shown in the statewide voter registration system is an error, or has been unlawfully changed, or has been unlawfully withdrawn and that my correct party affiliation should be .................... instead of .................... and request that the party affiliation be corrected in the statewide voter registration system. My correct affiliation was made on or before .................... (date). Dated .................... Signed .................... Subscribed and sworn to before me this ........... day of ..............., 20.... .................................................................. Election Judge or County Clerk County ......................................................

Source: L. 92: Entire article R&RE, p. 654, § 2, effective January 1, 1993. L. 93: (3) amended, p. 1765, § 1, effective June 6. L. 99: (1) and (2) amended, p. 159, § 5, effective August 4. L. 2016: (1) and (4) amended, (SB 16-142), ch. 173, p. 571, § 16, effective May 18. L. 2021: (1), (3), and (4) amended, (SB 21-250), ch. 282, p. 1634, § 9, effective June 21.

1-2-223. Names transferred when precinct boundaries changed.

1. In case any new election precinct is formed within a county or in case of the division of any existing precinct, the precinct number on the voter's master file record shall be changed to reflect the new precinct number.
2. In case any change is made in precinct boundaries as a result of annexation affecting county boundaries, the county clerk and recorder of the annexing county shall update in the statewide voter registration system the registration records of all electors residing in the annexed territory as soon as practicable. The registrations are considered as continuing registrations with all the registered electors involved having full rights and privileges as if no change in county boundaries had occurred.

Source: L. 92: Entire article R&RE, p. 656, § 2, effective January 1, 1993. L. 97: (1) amended, p. 473, § 8, effective July 1. L. 2012: (2) amended, (HB 12-1292), ch. 181, p. 677, § 5, effective May 17. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 572, § 17, effective May 18.

Editor's note: This section is similar to former § 1-2-221 as it existed prior to 1992.

1-2-224. Canceling registration. (Repealed)

Source: L. 92: Entire article R&RE, p. 656, § 2, effective January 1, 1993. L. 93: (6)(a) amended and (9) added, p. 1403, § 23, effective July 1. L. 94: (6)(a) and (7) amended, p. 1152, § 9, effective July 1; (1)(a), (2)(a)(II), (5)(a), (5)(b)(II), (6), and (9) amended, p. 1760, § 20, effective January 1, 1995. L. 95: (1)(a), IP(2), and (9) amended, p. 825, § 17, effective July 1. L. 96: (3.5) added, p. 1738, § 18, effective July 1. L. 97: Entire section repealed, p. 478, § 23, effective July 1.

Editor's note: This section was relocated to § 1-2-605 in 1997.

1-2-225. Change of polling place - accessibility for persons with disabilities. (Repealed)

Source: L. 92: Entire article R&RE, p. 659, § 2, effective January 1, 1993. L. 93: (1) to (6) amended, pp. 1629, 1403, §§ 1, 24, effective July 1. L. 95: (6) amended, p. 825, § 18, effective July 1. L. 97: (2) amended, pp. 473, 475, §§ 9, 16, effective July 1. L. 99: (6) amended, p. 759, § 10, effective May 20. L. 2010: Entire section repealed, (HB 10-1116), ch. 194, p. 830, § 6, effective May 5.

1-2-226. Deceased electors - purging of registration book. (Repealed)

Source: L. 92: Entire article R&RE, p. 661, § 2, effective January 1, 1993. L. 97: (1) and entire section repealed, pp. 475, 478, §§ 17, 23, effective July 1.

Editor's note: This section was relocated to § 1-2-602 in 1997.

1-2-227. Custody and preservation of records.

1. 1. Registration records must be left in the custody of the county clerk and recorder, who is responsible for them. Except as provided in paragraph (b) of this subsection (1), the oaths or affirmations, applications for affidavit registration, federal postcard applications, applications for change of residence or change of name, and other papers provided for by this part 2 shall be preserved by the county clerk and recorder and shall not be destroyed until after the next general election. Such registration records, whether paper or digital, are public records subject to examination by any person, and such person has the right to make copies of the records during office hours.
   2. A county clerk and recorder may destroy paper voter registration records as soon as they have been digitally recorded in the statewide voter registration system.
2. The voter information provided by a preregistrant who will not turn eighteen years of age by the date of the next election shall be kept confidential in the same manner as, and using the programs developed for, information that is kept confidential pursuant to section 24-72-204 (3.5). Nothing in this subsection (2) shall be construed to require any request, application, or fee for such confidentiality. When the preregistrant will be eighteen years of age on the date of the next election, or on January 1 of the year in which the preregistrant will be eligible to vote in any primary election under section 1-2-101 (2)(c), such information is no longer confidential under this subsection (2).

Source: L. 92: Entire article R&RE, p. 661, § 2, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1135), ch. 184, p. 679, § 8, effective August 7. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 572, § 18, effective May 18. L. 2019: (2) amended, (HB 19-1278), ch. 326, p. 3007, § 8, effective August 2.

Editor's note: This section is similar to former § 1-2-224 as it existed prior to 1992.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-228. Residence - false information - penalty.

Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 2002: Entire section amended, p. 1464, § 4, effective October 1.

Editor's note: This section is similar to former § 1-2-225 as it existed prior to 1992.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

1-2-229. Change in status of electors deemed "Inactive - failed to vote" - update to active status - repeal. (Repealed)

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 695, § 18, effective May 10.

Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2014. (See L. 2013, p. 695 .)

1-2-301. Centralized statewide registration system - secretary of state to maintain computerized statewide voter registration list - county computer records - agreement to match information - definition.

1. The secretary of state shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive, computerized statewide voter registration system defined, maintained, and administered at the state level, which system shall contain a computerized statewide voter registration list maintained by the secretary of state that contains the name and registration information of every legally registered voter in the state and that assigns a unique identifier to each legally registered voter. The single, uniform, official, centralized, interactive, computerized statewide voter registration system required by this subsection (1) is referred to in this part 3 as the "centralized statewide registration system". The centralized statewide registration system and the computerized statewide voter registration list must be fully compliant with all applicable requirements specified in section 303 of the federal "Help America Vote Act of 2002", 52 U.S.C. 20901 et seq.
2. 1. On and after January 1, 2006, the county clerk and recorder of each county shall maintain voter registration information by utilizing the centralized statewide registration system developed or acquired by the department of state under subsection (1) of this section. Prior to the implementation of the computerized statewide voter registration list required by subsection (1) of this section, if the county chooses to maintain voter registration information on its own computer system, the information required by law to be transmitted to the secretary of state shall be transmitted in a media format acceptable to the secretary of state and within the time prescribed by the secretary of state, by this section, and by section 1-2-302.
   2. Repealed.
3. (Deleted by amendment, L. 2001, p. 514 , § 1, effective January 1, 2002.)
4. 1. 1. (Deleted by amendment, L. 2003, p. 2073 , § 9, effective May 22, 2003.) (4) (a) (I) (Deleted by amendment, L. 2003, p. 2073 , § 9, effective May 22, 2003.)
      2. The centralized statewide registration system shall enable county clerk and recorders to maintain voter registration information and shall include such additional capabilities as may be necessary or desirable to enable county clerk and recorders and the secretary of state to carry out their responsibilities related to the conduct of elections. Such additional capabilities may include but need not be limited to the preparation of ballots, the identification of voting districts for each address, access by county clerk and recorders to the master list of registered electors and, on or after January 1, 2006, the computerized statewide voter registration list maintained pursuant to this section and section 1-2-302 , the management of mail ballots, the preparation of official abstracts of votes cast, the transmission of voting data from county clerk and recorders to the secretary of state, and reporting of voting results on election night. County clerk and recorders shall have access to the digitized signatures of electors in the centralized statewide registration system for the purpose of comparing an elector's signature in the system with the signature on the return envelope of a mail ballot, including by using a signature verification device in accordance with section 1-7.5-107.3 (5) .
      3. Subject to available appropriations, the department of state is responsible for the cost of acquiring computer hardware and providing necessary training for the centralized statewide registration system. The secretary of state shall promulgate rules specifying whether such hardware is owned by the department or the counties or whether and to what extent ownership may be shared between the department and the counties. If the department provides system hardware to any county clerk and recorder, it may transfer ownership of the hardware to that clerk and recorder. The secretary of state may promulgate rules providing that the county clerk and recorders shall be solely responsible for the support and maintenance of the hardware provided to the counties. On or after January 1, 2006, the department shall make the centralized statewide registration system software available at no charge to the clerk and recorder of each county.
   2. As soon as practicable, the department of state shall make the master list of registered electors available at no charge on the internet to the county clerk and recorders. This paragraph (b) shall not be construed to require the department to provide or pay for internet connection services for any county.
   3. (Deleted by amendment, L. 2003, p. 2073, § 9, effective May 22, 2003.)
5. 1. For elections conducted by mail ballot under the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., after March 30, 2018, a clerk must be given access to the digitized signatures for each elector contained in the lists provided to the clerk pursuant to section 31-10-910 (1), C.R.S., in the centralized statewide voter registration system for the purpose of comparing an elector's signature in the system with the signature on the self-affirmation on the return envelope of a mail ballot, including by using a signature verification device, in accordance with section 31-10-910.3, C.R.S.
   2. As used in this subsection (5), "clerk" has the same meaning set forth in section 31-10-102, C.R.S.
6. By July 1, 2021, the department of state shall, in consultation with county clerk and recorders, further develop the statewide voter registration database to minimize wait times at polling locations. Specifically, the department of state shall develop the database to:
   1. Streamline the voter check-in process; and
   2. Provide a simple and intuitive user interface for election judges at voter service and polling centers.

Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 93: (3) added, p. 2039, § 1, effective July 1. L. 94: (2) amended, p. 1152, § 10, effective July 1; (3) amended, p. 2542, § 8, effective January 1, 1995. L. 95: (2) amended, p. 179, § 2, effective April 7. L. 97: (1) and (2)(b) amended, p. 474, § 10, effective July 1. L. 99: (2)(b) amended, p. 759, § 11, effective May 20. L. 2000: (1) amended, p. 1758, § 2, effective January 1, 2001. L. 2001: (4) added, p. 515, § 2, effective May 18; (2)(a) and (3) amended, p. 514, § 1, effective January 1, 2002. L. 2003: (1), (2)(a), and (4) amended, p. 2073, § 9, effective May 22. L. 2005: (1) amended, p. 758, § 1, effective June 1. L. 2007: (4)(a)(II) amended, p. 1776, § 7, effective June 1. L. 2008: (4)(a)(II) amended, p. 356, § 1, effective April 10. L. 2009: (2)(b) repealed, (HB 09-1018), ch. 158, p. 682, § 2, effective August 5. L. 2014: (4)(a)(II) amended, (HB 14-1164), ch. 2, p. 72, § 35, effective February 18. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 573, § 19, effective May 18; (5) added, (HB 16-1070), ch. 130, p. 373, § 2, effective August 10. L. 2019: (6) added, (HB 19-1278), ch. 326, p. 3008, § 9, effective August 2.

Editor's note: This section is similar to former § 1-2-301 as it existed prior to 1992.

Cross references: (1) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-302. Maintenance of computerized statewide voter registration list - confidentiality.

1. The secretary of state shall maintain the master list of registered electors of the entire state on as current a basis as is possible.

   (1.5) The maintenance of the computerized statewide voter registration list by the secretary of state pursuant to section 1-2-301 (1) shall be conducted in a manner that ensures that:

   1. The name of each registered elector appears in the computerized statewide voter registration list;
   2. Only the names of voters who are not registered or who are not eligible to vote are removed from the computerized statewide voter registration list; and
   3. Duplicate names are removed from the computerized statewide voter registration list.
2. The electors on the computerized statewide voter registration list shall be identified by name, place of residence, precinct number, date of birth, Colorado driver's license number, social security number, or other identification number, as such numbers may have been provided by the elector at the time the elector first registered to vote, and the date of registration.
3. (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5, 2009.)
   1. (3.5) (a) The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on death. Upon being furnished with the report provided to him or her by the state registrar of vital statistics pursuant to section 1-2-602 (1), the secretary of state may electronically cancel the registration of deceased persons.
   2. The secretary of state shall coordinate the computerized statewide voter registration list with state agency records on felony status. Upon being furnished with information from the Colorado integrated criminal justice system that a particular registered elector has been convicted of a felony, the secretary of state may electronically cancel the registration of persons who have been convicted of a felony.
4. Repealed.
5. 1. (Deleted by amendment, L. 97, p. 476 , § 18, effective July 1, 1997.)
   2. Repealed.
6. The secretary of state shall determine and use other necessary means to maintain the master list of registered electors on a current basis. The department of state and the department of revenue shall allow for the exchange of information between the systems used by them to collect information on residence addresses, signatures, and party affiliation for all applicants for driver's licenses or state identification cards. No later than July 31, 2019, the department of state shall regularly provide the department of revenue with current voter registration information. The department of revenue must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. The department of state shall reimburse the department of revenue, through a one-time reimbursement, for any initial costs the department of revenue incurs in connection with updating Colorado DRIVES, as defined in section 42-1-102 (16.5), to allow the department of revenue to receive voter registration information and to use such information for the purposes described in this section. The department of revenue may exchange information on residence addresses in the driver's license database with the motor vehicle registration database, motorist insurance database, and the state income tax information systems.
   1. (6.5) (a) At the earliest practical time, the secretary of state, acting on behalf of the department of state, and the executive director of the department of revenue, as the official responsible for the division of motor vehicles, shall enter into an agreement to match information in the database of the centralized statewide registration system with information in the database of the division of motor vehicles to the extent required to enable each department to verify the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.
   2. At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of the department of public health and environment and the department of corrections to access information in the databases of the department of public health and environment and the department of corrections, to the extent required to enable the verification of the accuracy of the information provided on applications for voter registration in conformity with the requirements of section 1-2-301.
   3. At the earliest practical time, the secretary of state, acting on behalf of the department of state, shall enter into agreements with the executive directors of voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the extent required to enable the transfer and verification of information for voter registration purposes in accordance with section 1-2-502.5.

   (6.7) The department of revenue shall enter into an agreement with the federal commissioner of social security for the purpose of verifying applicable information in accordance with the requirements of section 303 (a)(5)(B)(ii) of the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq. On or before March 1, 2022, the department of revenue shall provide access to the department of state for verification of a person's name, date of birth, and the last four digits of the person's social security number pursuant to the agreement entered into under this section to allow real-time interactive validation of online voter registration applicants pursuant to section 1-2-202.5.

   (6.8) In accordance with subsections (6) and (6.5) of this section, the secretary of state may forward any information obtained from the division of motor vehicles in the department of revenue or voter registration agencies as defined in section 1-2-504 (1)(a) and (1)(b) to the appropriate county clerk and recorder. If the information meets the minimum matching criteria as specified in sections 1-2-603 and 1-2-604, the clerk shall then update the elector's voter registration record in the master list of registered electors.

7. Repealed.
8. The secretary of state shall provide adequate technological security measures to prevent unauthorized access to the computerized statewide voter registration list. The secretary of state shall also establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the secretary of state and any other state agency or voter registration agency as defined in section 1-2-504 (1)(a) and (1)(b). Before commencing any data exchange or transfer required under this article 2, and no later than the date such exchange or transfer is required by statute to begin, the state agency or voter registration agency shall adhere to the technological security requirements established by the secretary of state under this section. The secretary of state, the department of revenue, the department of public health and environment, the department of corrections, and the clerk and recorders shall not sell, disclose, or otherwise release a social security number, a driver's license or a state-issued identification number, or the unique identification number assigned by the secretary of state to the voter pursuant to section 1-2-204 (2.5) or electronic copies of signatures created, transferred, or maintained pursuant to this section or section 42-1-211, to any individual other than the elector who created such signature absent such elector's consent; except that nothing in this subsection (8) prohibits the sale, disclosure, or release of an electronic copy of such signature for use by any other public entity in carrying out its functions, or the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature.

Source: L. 92: Entire article R&RE, p. 662, § 2, effective January 1, 1993. L. 93: (6) amended, p. 2040, § 2, effective July 1. L. 94: (6) amended, p. 2542, § 9, effective January 1, 1995. L. 95: IP(1) and (3) amended, p. 180, § 3, effective April 7. L. 97: (1) to (3) and (5)(a) amended and (4), (5)(b), and (7) repealed, pp. 476, 478, §§ 18, 23, effective July 1. L. 99: (1) amended, p. 759, § 12, effective May 20. L. 2001: (6) amended, p. 518, § 7, effective January 1, 2002. L. 2002: (6) amended, p. 1626, § 2, effective June 7; (8) added, p. 1864, § 1, effective June 7. L. 2003: (1.5), (3.5), (6.5), and (6.7) added and (2), (3), and (8) amended, p. 2075, § 10, effective May 22. L. 2005: (6.7) amended, p. 759, § 2, effective June 1; (6.5) amended, p. 17, § 1, effective July 1. L. 2009: (6) amended, (HB 09-1160), ch. 263, p. 1208, § 2, effective May 15; (1) and (3) amended, (HB 09-1018), ch. 158, p. 683, § 3, effective August 5. L. 2013: (6.5) and (8) amended, (HB 13-1303), ch. 185, p. 696, § 19, effective May 10. L. 2015: (6.8) added, (SB 15-060), ch. 147, p. 444, § 1, effective August 5. L. 2016: (6.7) amended, (SB 16-142), ch. 173, p. 573, § 20, effective May 18. L. 2017: (6) and (6.7) amended, (HB 17-1107), ch. 101, p. 373, § 27, effective August 9. L. 2018: (6) amended, (SB 18-233), ch. 262, p. 1606, § 7, effective May 29. L. 2019: (6.5)(c) added and (6.8) and (8) amended, (SB 19-235), ch. 329, p. 3051, § 2, effective August 2. L. 2021: (6.7) amended, (SB 21-250), ch. 282, p. 1633, § 4, effective June 21.

1-2-302.5. Change of address search - rules.

1. The secretary of state shall conduct a monthly national change of address search, using the national change of address database administered by the United States postal service, for all electors whose names appear in the statewide voter registration list.
2. 1. The secretary of state shall transmit monthly to the appropriate county clerk and recorders the data obtained from the search conducted under subsection (1) of this section.
   2. If any search of the national change of address database administered by the United States postal service conducted under this section indicates an elector has permanently moved, the county clerk and recorder shall act as follows:
      1. 1. If the search indicates that the elector moved within the state, the county clerk and recorder of the county in which the elector's new address is located shall mark the elector's registration record as "Active" and update the elector's registration record with the elector's new address and send, to the elector's old address, notice of the change by forwardable mail and a postage pre-paid pre-addressed return form by which the registrant may verify or correct the address information.
         2. If the elector returns the return form sent pursuant to sub-subparagraph (A) of this subparagraph (I) and indicates that he or she has not moved, the county clerk and recorder of the county in which the elector's old address is located shall immediately correct the elector's previously updated address in the statewide voter registration database.
         3. If the elector returns the return form confirming the new address, or if the elector does not return the return form, the county clerk and recorder shall leave the elector's new address and status as updated in the registration record pursuant to sub-subparagraph (A) of this subparagraph (I).
      2. Repealed.
      3. If the search indicates that the elector moved to a different state, the county clerk and recorder shall mark the elector's registration record "Inactive" and send a confirmation card and:
         1. If the elector returns the confirmation card and confirms the new address, the county clerk and recorder shall cancel the elector's registration record in the statewide voter registration database;
         2. If the elector does not return the confirmation card, the elector's registration record must remain "Inactive". If the inactive elector subsequently fails to vote in two consecutive general elections, the county clerk and recorder shall cancel the elector's registration record in accordance with section 1-2-605 (7).
         3. If the elector returns the confirmation card and indicates the elector has not moved, the county clerk and recorder shall immediately correct the elector's registration record in the statewide voter registration database and mark the voter "Active".
   3. A county clerk and recorder shall make corrections to address updates made pursuant to a national change of address search upon receiving additional information from the elector.
3. Repealed.
4. If any search conducted pursuant to this section indicates that an elector has added or changed a post office box, the county clerk and recorder shall update the elector's registration record with the new post office box as the elector's mailing address and send him or her a confirmation card in accordance with section 1-2-605. The card must notify the elector of the change in mailing address and apprise the elector of his or her place of residence for voting purposes.
5. In addition to the search conducted by the secretary of state pursuant to subsection (1) of this section, a county clerk and recorder may conduct a national change of address search using the national change of address database administered by the United States postal service as frequently as he or she sees fit.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 696, § 20, effective May 10. L. 2014: (1), IP(2)(b), (2)(b)(I)(A), and (2)(b)(I)(C) amended; (2)(c), (4), and (5) added; and (3) repealed, (SB 14-161), ch. 160, p. 558, § 7, effective May 9. L. 2016: (2)(b)(I) and IP(2)(b)(III) amended and (2)(b)(II) repealed, (HB 16-1093), ch. 126, p. 359, § 3, effective April 21.

Cross references: 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.

1-2-303. Multiple registration - most recent date of registration determines precinct in which allowed to vote.

1. If a registered elector is registered to vote in more than one precinct in this state, the elector shall vote only in the precinct which pertains to the most recent date of registration, as determined by the secretary of state's master list of registered electors.
2. and (3) Repealed.

Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 93: Entire section amended, p. 278, § 1, effective July 1. L. 95: (2) amended and (3) added, p. 825, § 19, effective July 1. L. 97: (1) amended and (2) and (3) repealed, pp. 474, 478, §§ 11, 23, effective July 1.

1-2-304. Multiple registration - procedure. (Repealed)

Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 97: Entire section repealed, pp. 478, 474, §§ 23, 12, effective July 1.

Editor's note: Subsection (1) was relocated to § 1-2-604 in 1997.

1-2-305. Postelection procedures - voting history - definitions.

1. Not later than sixty days after a state election, the county clerk and recorder shall generate a list of electors within the county who submitted more than one ballot for the election.
2. If it is determined that an elector has voted more than once, the secretary of state or the county clerk and recorder shall notify the proper district attorney for prosecution of a violation of this code.
3. As used in this section, unless the context otherwise requires:
   1. "District of state concern" means a congressional district or a unique political subdivision with territory in more than one county and with its own enabling legislation, as identified by rules adopted by the secretary of state pursuant to section 1-1-104 (9.5).
   2. "State election" means a general, primary, or congressional vacancy election, a special legislative election involving more than one county, a ballot issue election involving a statewide ballot issue, or any election involving a candidate or ballot issue for a district of state concern.
4. No later than March 1 of each year following a year in which a general election was held, the secretary of state shall distribute to each major and minor political party, free of charge, a list of individuals who actually voted in such election. Such list may be in the form of a computer list.

Source: L. 92: Entire article R&RE, p. 664, § 2, effective January 1, 1993. L. 95: Entire section amended, p. 180, § 4, effective April 7. L. 2000: (1) amended and (3) and (4) added, p. 1758, § 3, effective January 1, 2001. L. 2007: (1) amended, p. 1777, § 8, effective June 1. L. 2009: (1) and (2) amended, (HB 09-1018), ch. 158, p. 683, § 4, effective August 5. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 698, § 21, effective May 10. L. 2016: (1) and (2) amended, (SB 16-142), ch. 173, p. 573, § 21, effective May 18.

Editor's note: This section is similar to former § 1-2-305 as it existed prior to 1992.

Cross references: In 2013, subsection (1) 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.

1-2-401. Legislative declaration.

It is the intent of the general assembly that, in order to promote and encourage voter registration of all eligible electors in the state, registration should be made as convenient as possible. It is determined by the general assembly that if voter registration is convenient, the number of registered voters will increase. It is further determined by the general assembly that support and cooperation of school officials and interested citizens will make high school registration successful. It is therefore the purpose of this part 4 to encourage voter registration by providing convenient registration procedures for qualified high school students, employees, and other persons by using high school deputy registrars.

Source: L. 92: Entire part added, p. 621, § 1, effective July 1. L. 93: Entire section amended, p. 1403, § 25, effective July 1.

1-2-402. Registration by high school deputy registrars - rules.

1. Each principal of a public high school, or the principal's designee who is a registered voter in the county, may serve as a deputy registrar. The principal of each high school shall notify the county clerk and recorder of the county in which the high school is located of the name of the school's deputy registrar, and the county clerk and recorder shall maintain a list of the names of all of the high school deputy registrars in that county in a public file.
2. The high school deputy registrar may register or preregister any student, employee of the school, other person who attends school functions, or any other person who is eligible to register or preregister to vote. Voter registration may be made available only when the school is open for classes or any other school or community function. The high school deputy registrar shall take registrations or preregistrations only on school district premises.
3. A high school deputy registrar may have available an official application form for voter registration for each student who is eighteen years of age or who will be eighteen years of age at the time of the next election. A high school deputy registrar may have available an official application form for preregistration for each student who is sixteen years of age.

Source: L. 92: Entire part added, p. 621, § 1, effective July 1. L. 93: Entire section amended, p. 1403, § 26, effective July 1. L. 2019: (2) and (3) amended, (HB 19-1278), ch. 326, p. 3008, § 10, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-403. Training and registration materials for high school deputy registrars - processing applications.

1. The county clerk and recorder shall train and supervise the high school deputy registrars, and, after training is completed, shall administer the oath of office to the high school deputy registrars.
2. The county clerk and recorder shall issue sufficient materials to each high school deputy registrar for the registration or preregistration of all eligible students, employees, and other persons at the high school which the high school deputy registrar serves. The high school deputy registrar shall give a receipt to the county clerk and recorder for all materials issued.
3. 1. The high school deputy registrar shall stamp the application for registration or preregistration with a validation stamp and provide the applicant with a receipt verifying the application.
   2. 1. Except as provided in subparagraph (II) of this paragraph (b), the high school deputy registrar shall forward applications and changes on a weekly basis to the county clerk and recorder of the county in which the high school is located.
      2. 1. During the last week allowed for registration applications submitted by mail prior to any election, the high school deputy registrar shall forward applications daily to the county clerk and recorder of the county in which the high school is located.
         2. Within eight days prior to an election, a high school deputy registrar shall accept an application tendered under this section and shall immediately inform the applicant that, to vote in the upcoming election, the voter must go to a voter service and polling center.
4. Upon receipt of an application, the county clerk and recorder shall determine if the application is complete. If the county clerk and recorder determines that the application is complete, the applicant shall be deemed registered or preregistered as of the date of application. If the county clerk and recorder determines that the application is not complete, the county clerk and recorder shall notify the applicant, stating the additional information required. The applicant shall be deemed registered or preregistered as of the date of application when the additional information is provided any time prior to the actual voting.

Source: L. 92: Entire part added, p. 622, § 1, effective July 1. L. 93: (1), (2), and (3) amended, p. 1404, § 27, effective July 1. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 698, § 22, effective May 10. L. 2014: (3)(b)(II)(B) amended, (SB 14-161), ch. 160, p. 559, § 8, effective May 9. L. 2019: (2), (3)(a), and (4) amended, (HB 19-1278), ch. 326, p. 3008, § 11, effective August 2.

Cross references: (1) 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.

(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-2-501. Form for mail and agency registration - procedures for registration by mail for first-time electors - additional identifying information to be provided by first-time registrants.

1. The secretary of state, in consultation with the federal election assistance commission, shall develop an application form that may be used for mail voter registration, voter registration at voter registration agencies, and voter change of address. The form developed must:
   1. Require only such identifying information, including the signature of the applicant and other information such as data relating to previous registration by the applicant, as is necessary to enable the appropriate county clerk and recorder to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
   2. Include a statement that:
      1. Specifies each eligibility requirement, including citizenship;
      2. Contains an affirmation that the applicant meets each requirement; and
      3. Requires the signature of the applicant, under penalty of perjury;
   3. 1. Include:
         1. The question: "Are you a citizen of the United States of America?" and boxes for the applicant to indicate whether the applicant is or is not a citizen of the United States;
         2. The question "Will you be eighteen years of age on or before election day?" and boxes for the applicant to indicate whether or not the applicant will be eighteen years of age or older on election day;
         3. The statement "If you checked 'no' in response to either of these questions, do not complete this form."; and
         4. A statement informing the applicant that, if the form is submitted by mail and the applicant has not previously voted in the county, or in the state if the statewide voter registration system required by section 1-2-301 is operating, the applicant shall submit with the registration form a copy of identification as defined in section 1-1-104 (19.5), the applicant's driver's license number, or the last four digits of the applicant's social security number, otherwise the applicant will be required to submit a copy of identification with the applicant's mail ballot or absentee ballot.
      2. If an applicant for registration fails on the mail registration form to answer the question specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b.5), the state or local election official shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for federal office.
   4. Not include any requirement for notarization or other formal authentication; and
   5. Include, in print that is identical to that used in the affirmation portion of the application:
      1. A statement of the penalties provided by law for submission of a false voter registration application;
      2. A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
      3. A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes.
   6. Repealed.

   (1.5) Repealed.

2. 1. Subject to the requirements of paragraph (b) of this subsection (2), in addition to the identifying information required to be provided by the elector pursuant to subsection (1) of this section, a person who applies to register by mail in accordance with this part 5 shall submit with the registration application:
      1. In the case of an elector who has been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the number of the elector's Colorado driver's license or identification card; or
      2. In the case of an elector who has not been issued a current and valid Colorado driver's license or a current and valid identification card issued by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., the last four digits of the person's social security number.
   2. If an applicant has not been issued a current and valid Colorado driver's license, has not been issued a current and valid identification card by the department of revenue in accordance with part 3 of article 2 of title 42, C.R.S., and does not have a social security number, the secretary of state shall assign the applicant a number for voter registration purposes in accordance with section 1-2-204 (2.5).
   3. Notwithstanding any other provision of law, a Colorado driver's license number, the number of an identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or the last four digits of the person's social security number shall only be received in satisfaction of the requirements of this subsection (2) where the state or local election official matches the number of the driver's license or identification card or the person's social security number submitted under paragraph (a) of this subsection (2) with an existing state identification record bearing the same number, name, and date of birth as provided in such registration information.
   4. If the elector does not comply with the requirements of this subsection (2), the county clerk and recorder shall not register the elector.

Source: L. 94: Entire part added, p. 1762, § 21, effective January 1, 1995. L. 2003: (1)(b.5) and (2) added, pp. 2076, 2077, §§ 11, 12, effective May 22. L. 2004: IP(1) and (1)(b.5)(I)(D) amended, p. 1053, § 4, effective May 21. L. 2006: (1)(b.5)(I)(D) and (2)(a) amended and (1.5) and (2)(a.5) added, pp. 2029, 2030, §§ 3, 4, 5, effective June 6. L. 2007: (1)(e) added and (1.5)(b) amended, p. 1777, §§ 9, 10, effective June 1; IP(1.5), (2)(a), and (2)(a.5) amended and (2)(c) added, p. 1969, § 6, effective August 3. L. 2013: IP(1), IP(1.5), and (1.5)(b) amended and (1)(e) repealed, (HB 13-1303), ch. 185, p. 698, § 23, effective May 10. L. 2016: (1.5) repealed, (SB 16-142), ch. 173, p. 593, § 81, effective May 18.

Cross references: In 2013, the introductory portions to subsections (1) and (1.5) and subsection (1.5)(b) were amended and subsection (1)(e) 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.

1-2-502. Form for agency registration.

1. In addition to the information required in section 1-2-501, the form used at a voter registration agency shall include:
   1. The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?";
   2. If the agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.";
   3. Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote, together with the statement, in close proximity to the boxes and in prominent type, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";
   4. The statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.".
   5. The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the secretary of state." The form shall also include the address and telephone number of the secretary of state.
2. All agencies providing an opportunity to complete the voter registration forms shall keep copies of all records relating to the completion of the forms for two years. The forms shall not be considered public records but are available to the secretary of state for purposes of compiling data in compliance with the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq.

Source: L. 94: Entire part added, p. 1763, § 21, effective January 1, 1995. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 573, § 22, effective May 18; (2) amended, (SB 16-189), ch. 210, p. 753, § 3, effective June 6.

Editor's note: Amendments to subsection (2) by SB 16-189 and SB 16-142 were harmonized.

1-2-502.5. Transfer of voter registration information to secretary of state.

1. Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, electronic records containing the full name, date of birth, residence address, deliverable mailing address if different from the residence address, and county of residence for each registered and unregistered eligible elector who applies for medical assistance as defined in section 25.5-4-103 (13); except that the department of state shall not use the record of a person who is a program participant in the "Address Confidentiality Program Act", part 21 of article 30 of title 24, for voter registration purposes.
2. If available, the department of health care policy and financing shall also provide, for each eligible elector, an electronic copy of the elector's signature and the eligible elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number.
3. Upon receiving the electronic record for an unregistered eligible elector that includes all of the information in subsection (1) of this section and either the elector's valid Colorado driver's license or identification card number or the last four digits of the elector's social security number in accordance with subsection (2) of this section, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides. Upon receipt of a record, the county clerk and recorder shall determine if the record is complete for the purposes of voter registration. If the record is not complete, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has not been registered to vote and stating the additional information required to register. If the person provides the additional information, the person is registered to vote effective on the date of the person's application with the department of health care policy and financing. If the person does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after the notification is mailed pursuant to this subsection (3), the person's registration is canceled.
4. If the record is complete for purposes of voter registration, the county clerk and recorder shall send to the person's address of record, by nonforwardable mail, notice that the person has been registered to vote and a postage paid preaddressed return form by which the person may:
   1. Decline to be registered as an elector; or
   2. Affiliate with a political party; and
   3. Provide a signature if, at the time the elector applied for medical assistance, the person did not use a Colorado driver's license or identification number and did not provide an electronic copy of their signature. The form must include information on how the elector can upload a signature electronically.
5. A notice mailed under subsection (4) of this section must include an explanation, in both English and Spanish, of the eligibility requirements to register to vote, and a statement that, if the person is not eligible, the person should decline to register using the preaddressed return form.
6. The notice provided under subsection (4) of this section must include a statement that, if a person declines to register to vote, the fact that the person has declined to register will remain confidential and will be used only for voter registration statistics purposes, and a statement that, if the person remains registered to vote, the office at which the person was registered will remain confidential and will be used only for voter registration statistics purposes.
7. 1. 1. If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration is canceled and the person is deemed to have never registered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive. (7) (a) (I) If a notice provided under subsections (3) and (4) of this section is returned as undeliverable within twenty days after the county clerk and recorder mails the notice, the person's registration is canceled and the person is deemed to have never registered. If the notice is returned as undeliverable after twenty days after the county clerk and recorder mails the notice, the person's registration is marked inactive.
      2. Notwithstanding subsection (7)(a)(I) of this section, if a person votes in an election after the transfer of the person's record but before the notice is returned as undeliverable, the person's registration shall not be canceled or marked inactive.
   2. If a notice provided under subsection (4) of this section is not returned within twenty days, or if the person returns the form and provides a signature but does not affiliate with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person shall be marked as unaffiliated.
   3. If a person returns the form provided under subsection (4) of this section and declines to be registered, including if the person returns the form and both declines to be registered and also affiliates with a party or provides a signature for registration, the person's registration is canceled and the person is deemed to have never registered; except that, if the person has voted in an election, the returned form is of no effect and the person remains registered as of the date of the person's application with the department of health care policy and financing.
   4. If a person returns the form provided under subsection (4) of this section and affiliates with a party, the person is registered as of the date of the person's application with the department of health care policy and financing and the person's affiliation shall be marked effective as of the date the affiliation information was received.
   5. If a person returns the form without selecting any option, the returned form is of no effect. The person is registered as of the date of the person's application with the department of health care policy and financing and shall be marked as unaffiliated.
   1. (7.5) (a) Subject to compliance with all applicable federal laws and regulations, the department of health care policy and financing shall provide to the secretary of state, on a schedule established by the secretary of state, notice of any registered elector who informs the department of a change of name or address. Upon receiving notice of the change of name or address, the secretary of state shall provide the information to the county clerk and recorder of the county in which the elector resides.
   2. The county clerk and recorder of the county in which the elector resides shall change the registration record of the elector to reflect the change of name and address, mark the registration record as "active", and send to the elector's address of record, by forwardable mail, notice of the change, a postage paid preaddressed return form by which the elector may verify or correct the information, and information on how the elector can return a signature or upload a signature electronically if the elector does not have a signature on file.
   3. If the elector returns the form described in subsection (7.5)(b) of this section and indicates that the change was in error, the appropriate county clerk and recorder shall immediately correct the elector's previously updated information in the statewide voter registration database.
8. After the twenty-day period described in subsection (7) of this section passes, the registration information of a person registered pursuant to this section, including the fact that the person was registered through a voter registration agency, becomes a registration record that must be maintained and made available for public inspection in accordance with section 1-2-227. Information relating to the return of a notice form by a person declining to be registered and information relating to the specific agency at which a person was registered pursuant to this section is not a public record subject to inspection and shall not be used for any purpose other than voter registration statistics.
9. This section does not preclude the state from complying with its obligations under the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., as amended; the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq., as amended; the federal "Help America Vote Act of 2002", 52 U.S.C. sec. 20901 et seq., as amended; or any other applicable federal laws.

Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3052, § 3, effective August 2. L. 2021: (4)(c) and (8) amended and (7.5) added, (SB 21-250), ch. 282, p. 1635, § 10, effective June 21.

Editor's note: 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.

1-2-502.7. Voter registration agencies - reports - transfer of records for voter registration.

1. Each state agency that oversees one or more offices designated as voter registration agencies in section 1-2-504 (1)(a) and (1)(b) shall annually provide to the secretary of state a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.
2. Each office designated under subsection (1) of this section shall report to the secretary of state each month the number of people who applied for public assistance or who applied to participate in state-funded programs, the number of voter registration choice forms the office collected, and the number of people who received a voter registration form.
3. At the earliest practicable time, the office of information technology created in section 24-37.5-103 shall assess which voter registration agencies, as defined in section 1-2-504 (1)(a) and (1)(b), collect sufficient information from applicants for voter registration purposes, and shall report its findings to the secretary of state. Upon a determination by the office of information technology and the secretary of state that a voter registration agency collects the necessary information to register an eligible elector, the office of information technology and the secretary of state shall establish a schedule by which the voter registration agency shall begin providing electronic records regarding eligible electors to the secretary of state. The secretary of state and each county clerk and recorder shall process electronic records received from voter registration agencies under this subsection (3) substantially in accordance with section 1-2-502.5.

Source: L. 2019: Entire section added, (SB 19-235), ch. 329, p. 3054, § 4, effective August 2.

1-2-503. Availability of forms.

The application forms for mail voter registration shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995.

1-2-504. Voter registration agencies.

1. The following offices are designated as voter registration agencies:
   1. All offices that provide public assistance;
   2. All offices that provide state-funded programs primarily engaged in providing services to persons with disabilities;
   3. All recruitment offices of the armed forces of the United States; and
   4. Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications.
2. The following agencies may provide application forms for mail voter registration:
   1. All offices of county clerk and recorders;
   2. All federal post offices; and
   3. Any other federal, state, local government, or nongovernment office that chooses to provide voter registration service or applications.

Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995.

1-2-505. Services at voter registration agencies - services to persons with disabilities.

1. At each voter registration agency, the following services shall be made available with each application made in person for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance:
   1. Distribution of mail voter registration application forms;
   2. Assistance to applicants in completing agency voter registration application forms, unless the applicant refuses such assistance; and
   3. Acceptance of completed agency voter registration application forms for transmittal to the appropriate county clerk and recorder.
2. If a voter registration agency provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (1) of this section at the person's home.

Source: L. 94: Entire part added, p. 1764, § 21, effective January 1, 1995.

1-2-506. Prohibitions.

1. A person who provides the services described in section 1-2-505 shall not:
   1. Seek to influence an applicant's political preference or party registration;
   2. Display any political preference or party allegiance;
   3. Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote;
   4. Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits.
2. A person who provides the services described in section 1-2-505 shall ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.
3. No information relating to a declination to register to vote made in connection with an application completed at a voter registration agency may be used for any purpose other than voter registration.

Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995.

1-2-507. Transmittal of voter registration applications - when.

1. Except as provided in subsection (2) of this section, a completed agency registration application accepted at a voter registration agency shall be transmitted to the county clerk and recorder not later than five days after the date of acceptance; except that, within twenty-two days before an election, a voter registration agency must transmit completed voter registration applications on a daily basis.
2. Within eight days before an election, a voter registration agency shall accept the application and immediately inform the applicant that he or she must go to a voter service and polling center in order to vote in that election.

Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. L. 95: Entire section amended, p. 826, § 20, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 699, § 24, effective May 10. L. 2014: (2) amended, (SB 14-161), ch. 160, p. 559, § 9, effective May 9. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 574, § 23, effective May 18.

Cross references: 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.

1-2-508. Receipt of voter registration applications - effective dates - legislative intent.

1. The county clerk and recorder shall ensure that any eligible applicant is registered to vote and has been mailed a ballot in an election if:
   1. In the case of registration with a driver's license application, the valid voter registration application of the applicant is accepted by a driver's license examination facility no later than eight days before the date of an election;
   2. In the case of registration through the online voter registration system established pursuant to section 1-2-202.5, the application is submitted no later than the eighth day before the date of the election;
   3. In the case of registration by mail, the valid voter registration application of the applicant is postmarked not later than eight days before the date of the election;
   4. In the case of registration by mail where the application has no postmark, the date of registration is the date that the application is received;
   5. In the case of registration at a voter registration agency, the valid agency voter registration application of the applicant is accepted at the voter registration agency not later than eight days before the date of the election;
   6. In the case of registration through a voter registration drive, the valid voter registration is submitted no later than twenty-two days before an election; and
   7. In any other case, the valid voter registration application of the applicant is received by the appropriate county clerk and recorder not later than eight days before the date of the election, except as otherwise permitted by section 1-2-217.7.
2. 1. The effective date of a voter registration application or change of registration that is completed at the office of the county clerk and recorder or in the presence of a deputy registrar is the date received by the office of the county clerk and recorder or by the registrar.
   2. The effective date of an application or change of registration that is completed at a driver's license examination facility or voter registration agency is the date that the application or change is accepted by the facility or agency.
   3. The effective date of a voter registration application or change of registration that is completed by a mail registration form is the date of the postmark or receipt by the county clerk and recorder, whichever is earlier.
   4. The effective date of a voter registration application or change of registration made at a voter service and polling center pursuant to section 1-2-217.7 is the date that the application is made by the elector.
3. 1. 1. Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the online voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center. (3) (a) (I) Notwithstanding the voter registration application deadlines contained in this section and this code, a county clerk and recorder shall accept and process a voter registration application received after the deadlines specified in subsection (1) of this section, including applications received through the online voter registration system. Any person who submits a voter registration application within eight days of an election shall be informed that he or she will not receive a mail ballot but may either pick up a ballot in person or vote in person at a voter service and polling center.
      2. It is the general assembly's intent, in enacting this paragraph (a), to use modern technology to maximize the efficiency of operations at voter service and polling centers by allowing the continuous processing of voter registration applications for eligible persons in accordance with this article.
   2. If a voter has already cast a ballot in an election, and submits an application after casting the ballot, the county clerk and recorder shall defer processing that voter's application until after the close of the election.
   3. Commencing the fifteenth day before an election through the eighth day before an election, the county clerk and recorder shall process all voter registration applications and updates to voter registration records that require a new ballot to be sent to an elector within two business days of the receipt of the application or update by the county clerk.

Source: L. 94: Entire part added, p. 1765, § 21, effective January 1, 1995. L. 95: (1) amended and (2) added, p. 826, § 21, effective July 1. L. 97: (1)(c) amended, p. 474, § 13, effective July 1. L. 99: (1)(a) and (1)(c) amended, p. 759, § 13, effective May 20. L. 2013: (1)(a), (1)(b), (1)(d), (1)(e), and (2) amended and (1)(a.5) added, (HB 13-1303), ch. 185, p. 699, § 25, effective May 10. L. 2014: (1)(a), (1)(b), (1)(c), (1)(d), and (1)(e) amended; and (1)(f) and (3) added, (SB 14-161), ch. 160, p. 559, § 10, effective May 9. L. 2020: IP(1) amended and (3)(c) added, (HB 20-1313), ch. 260, p. 1254, § 1, effective September 14.

Cross references: In 2013, subsections (1)(a), (1)(b), (1)(d), (1)(e), and (2) were amended and subsection (1)(a.5) 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.

1-2-509. Reviewing voter registration applications - notification.

1. Upon receipt of an application, if the applicant resides in a county other than the county receiving the application, the county clerk and recorder shall within five days transmit the application to the clerk and recorder of the applicant's county; except that, if the application is received thirty days or less before an election, the application shall be transmitted as expeditiously as possible.
2. Upon receipt of an application, the county clerk and recorder shall verify that the application is complete and accurate. If the application is complete and accurate, the county clerk and recorder shall notify the applicant of the registration. If the application is not complete or is inaccurate, the county clerk and recorder shall notify the applicant, stating the additional information required.
3. 1. Within ten business days after receipt of the application, the county clerk and recorder shall notify each applicant of the disposition of the application by nonforwardable mail and proceed in accordance with paragraph (b) of this subsection (3).
   2. 1. If within twenty business days after receipt of the application the notification is returned to the county clerk and recorder as undeliverable, the applicant shall not be registered.
      2. If the notification is not returned within twenty business days as undeliverable, then the applicant shall be deemed registered as of the date of the application; except that, if the applicant was notified that the application was not complete, then the applicant is deemed registered as of the date of the application if the additional information is provided at any time prior to the actual voting. If such applicant does not provide the additional information necessary to make his or her application complete and accurate within twenty-four months after notification is sent pursuant to subsection (2) of this section, the applicant must reapply in order to be registered.
      3. If the notification is returned to the county clerk and recorder as undeliverable after twenty days after receipt of the application, the county clerk and recorder shall mark the applicant's registration record "Inactive" and send a confirmation card.
4. This section does not apply to voter registrations received pursuant to section 1-2-213, 1-2-213.3, or 1-2-502.5.

Source: L. 94: Entire part added, p. 1766, § 21, effective January 1, 1995. L. 95: (2) and (3) amended, p. 827, § 22, effective July 1. L. 2005: (3) amended, p. 1396, § 9, effective June 6; (3) amended, p. 1431, § 9, effective June 6. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 678, § 6, effective May 17. L. 2016: (3) amended, (HB 16-1093), ch. 126, p. 360, § 4, effective April 21. L. 2019: (4) added, (SB 19-235), ch. 329, p. 3057, § 10, effective August 2.

1-2-510. Public disclosure of voter registration activities.

1. The secretary of state shall maintain for at least two years and shall make available for public inspection and copying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that the records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.
2. The records maintained pursuant to subsection (1) of this section shall include lists of the names and addresses of all persons to whom confirmation notices are sent and information concerning whether or not each person has responded to the notice as of the date that inspection of the records is made.
3. The secretary of state is also responsible for filing any reports or information concerning the implementation of the federal "National Voter Registration Act of 1993", 52 U.S.C. sec. 20501 et seq., with the federal election commission as may be required.

Source: L. 94: Entire part added, p. 1766, § 21, effective January 1, 1995. L. 97: (2) amended, p. 475, § 14, effective July 1. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 574, § 24, effective May 18; (3) amended, (SB 16-189), ch. 210, p. 754, § 4, effective June 6.

Editor's note: Amendments to subsection (3) by SB 16-142 and SB 16-189 were harmonized.

1-2-511. Prosecutions of violations.

1. Any person who believes a violation of this part 5 has occurred may file a written complaint no later than sixty days after the date of the violation with the secretary of state. If the secretary of state determines, after a hearing, that the violation has occurred, he or she shall so notify the attorney general, who may institute a civil action for relief, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the district court. Upon a proper showing that such person has engaged or is about to engage in any prohibited acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by the court. If, within one hundred twenty days after a complaint is filed with the secretary of state, no civil action for relief is instituted by the attorney general, the complainant shall have a private right of action based on an alleged violation of this part 5 and may institute a civil action in district court for any appropriate remedy. Any such action shall be filed within one year from the date of the alleged violation.
2. Unless a person intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person's electronic record by a voter registration agency in accordance with section 1-2-213.3 or 1-2-502.5 does not constitute the completion of a voter registration form by that person. If such a registration is processed by the state, it is presumed to have been officially authorized by the state and the person is not subject to any penalty under this code.

Source: L. 94: Entire part added, p. 1767, § 21, effective January 1, 1995. L. 2019: Entire section amended, (SB 19-235), ch. 329, p. 3054, § 5, effective August 2.

1-2-601. Withdrawal of registration.

At any time that registration is permitted in the county clerk and recorder's office, any person who desires to withdraw or cancel his or her own registration may do so by filing with the county clerk and recorder a self-affirmation of withdrawal of registration, and the self-affirmation shall be used as the record of evidence to cancel the elector's registration record.

Source: L. 97: Entire part added with relocations, p. 465, § 1, effective July 1.

Editor's note: This section is similar to former § 1-2-214 as it existed prior to 1997.

1-2-602. Deceased electors.

1. As soon as is practicable after the end of each month, the state registrar of vital statistics shall furnish the secretary of state with a report of all persons eighteen years of age or older who have died during the previous month. To the extent possible, persons on the report shall be identified by name, county of residence, date of birth, and social security number.
2. The secretary of state shall forward to each county clerk and recorder monthly the information received from the state registrar of vital statistics concerning persons registered to vote in the county who have died.
3. The county clerk and recorder shall cancel the registration of any elector who is deceased and of whose death the county clerk and recorder has received notice pursuant to subsection (2) of this section.

   (3.5) The secretary of state may by electronic means cancel the registration of any elector who is deceased and of whose death the secretary has received notice pursuant to subsection (1) of this section.

4. The county clerk and recorder shall cancel the registration of any elector who is deceased when the county clerk and recorder receives written notice of the fact. The written notice shall be signed by a family member of the deceased. If the county clerk and recorder has sufficient proof that an elector is deceased, cancellation may be made without such written notice.

Source: L. 97: Entire part added with relocations, p. 465, § 1, effective July 1. L. 2003: (3.5) added, p. 2077, § 13, effective May 22.

Editor's note: This section is similar to former §§ 1-2-302 (4) and (7) and 1-2-226 (1) and (2) as they existed prior to 1997.

1-2-603. Notification that elector has moved and registered in different county.

1. If the elector registers to vote in another county, the county clerk and recorder of the elector's new county of residence shall transfer the elector's registration record from the old county in accordance with the following requirements:
   1. If the elector provides a name, date of birth, and prior address and the county clerk and recorder can match the name, date of birth, and prior address to the elector's prior registration record, the elector's registration record shall be transferred from the old county.
   2. If the elector provides a name and date of birth but does not provide a prior address, the elector's registration record shall be transferred from the old county only if:
      1. The elector provides a driver's license or identification card number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and driver's license or identification card number to the elector's prior registration record; or
      2. The elector provides a social security number, and the county clerk and recorder of the new county of residence can match the name, date of birth, and social security number to the elector's prior registration record.
   3. If the elector does not provide a prior address, driver's license number, or social security number, the registration record shall not be transferred from the old county unless the elector submits additional information that complies with the requirements of this subsection (1). The county clerk and recorder of the county of prior residence may send notice to the elector by forwardable mail to the elector's address of record. Any such notice shall have a returnable portion that has the return postage prepaid and is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county.
2. If a county clerk and recorder receives a notice from the secretary of state or from an election official in another state that the elector has registered to vote in another state, the county clerk and recorder of the county of prior residence shall cancel the registration record if the name and birth date or the name and social security number of the elector match.

Source: L. 97: Entire part added with relocations, p. 466, § 1, effective July 1. L. 2009: (1) amended, (HB 09-1018), ch. 158, p. 683, § 5, effective August 5. L. 2010: (2) amended, (HB 10-1116), ch. 194, p. 832, § 7, effective May 5.

Editor's note: This section is similar to former § 1-2-303 (2) and (3) as it existed prior to 1997.

1-2-604. Cancellation of electors with multiple registrations.

1. Based upon an examination of the secretary of state's master lists of registered electors, each county clerk and recorder shall generate a list containing the name of each elector who is registered in more than one precinct in the state and shall cancel from the county's master lists of registered electors the name of the elector wherever it appears, except where it corresponds to the elector's most recent date of registration.
2. (Deleted by amendment, L. 2009, (HB 09-1018), ch. 158, p. 684, § 6, effective August 5, 2009.)
3. 1. The county clerk and recorder may not cancel the registration record pursuant to subsection (1) of this section unless there is a match in the county's registration records and the statewide voter registration database with respect to, at a minimum, the following types of identifying information:
      1. The elector's name, date of birth, and prior residence; or
      2. The elector's name, date of birth, and driver's license number or social security number.
   2. If the county clerk and recorder is not able to cancel the registration record pursuant to paragraph (a) of this subsection (3), the county clerk and recorder shall send a notice to the elector whose record the clerk and recorder intends to cancel. The notice shall be sent to that elector's address of record, shall have a returnable portion that has the return postage prepaid and that is preaddressed to the sending county clerk and recorder, and shall include an area for the elector to indicate if the elector has moved to another county and wishes to have his or her registration record transferred from the old county.

Source: L. 97: Entire part added with relocations, p. 466, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1018), ch. 158, p. 684, § 6, effective August 5.

Editor's note: This section is similar to former §§ 1-2-302 (5)(b) and 1-2-304 (1) as they existed prior to 1997.

1-2-605. Canceling registration - procedures.

1. 1. Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address.
   2. 1. Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and mail the elector a confirmation card.
      2. If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card.
   3. If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record.
2. Repealed.
3. Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.
4. A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if:
   1. The elector updates his or her registration information; or
   2. The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or
   3. (Deleted by amendment, L. 2013.)
   4. The elector completes, signs, and returns a confirmation card or change of address card.
5. If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive".
6. (Deleted by amendment, L. 2013.)
7. If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote.
8. No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.
9. to (11) (Deleted by amendment, L. 2013.)

Source: L. 97: Entire part added with relocations, p. 467, § 1, effective July 1. L. 99: (6)(a), (8), and (10) amended, p. 760, § 14, effective May 20; (1)(a), (5), (6)(b), and (7) amended, p. 279, § 4, effective August 4. L. 2005: (10) amended, p. 1396, § 10, effective June 6; (10) amended, p. 1431, § 10, effective June 6. L. 2007: (1)(a), (4)(c), and (6)(b) amended, p. 1777, § 11, effective June 1. L. 2008: (1)(a)(I) amended, p. 1875, § 1, effective June 2; (2) amended and (11) added, pp. 1742, 1743, §§ 1, 3, effective July 1. L. 2009: (5) amended, (HB 09-1216), ch. 165, p. 728, § 2, effective August 5. L. 2010: (7) amended, (HB 10-1116), ch. 194, p. 832, § 8, effective May 5. L. 2012: (6)(b) and (8) amended, (HB 12-1292), ch. 181, p. 678, § 7, effective May 17. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 700, § 26, effective May 10. L. 2016: (1)(a) and (1)(b) amended and (2) repealed, (HB 16-1093), ch. 126, p. 360, § 5, effective April 21.

Editor's note: This section is similar to former § 1-2-224 as it existed prior to 1997.

Cross references: 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.

1-2-606. Cancellation by reason of criminal conviction in federal court.

1. If an elector whose residence is in the state of Colorado is convicted of a felony in a district court of the United States, the United States attorney shall give written notice of the conviction to the secretary of state of Colorado. The notice shall include the name of the offender, the offender's age and residence address, the date of entry of the judgment, a description of the offenses of which the offender was convicted, and the sentence imposed by the court. The United States attorney shall additionally give the secretary of state written notice of the vacation of the judgment if the conviction is overturned.
2. The secretary of state shall forward the information received pursuant to this section to the applicable county clerk and recorder of the county in which the offender resides.
3. The county clerk and recorder shall cancel the registration of the elector as of the date of receipt of the information from the secretary of state, and the registration shall remain canceled until the offender reregisters to vote.

Source: L. 97: Entire part added with relocations, p. 470, § 1, effective July 1.

1-2-701. Registration of voter registration drive - training - rules.

1. Before commencing a voter registration drive, a voter registration drive organizer shall file a statement of intent to conduct a voter registration drive with the secretary of state in the manner prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S. The voter registration drive organizer shall designate on the statement the agent of the voter registration drive, who shall be a resident of the state.
2. A voter registration drive organizer and a voter registration drive circulator shall fulfill the training requirements established by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S.
3. 1. Prior to circulating any voter registration applications, a person intending to work as a circulator on a voter registration drive shall complete the training provided by the voter registration drive organizer and sign an affirmation affirming that he or she fulfilled the training requirements for circulators.
   2. A voter registration drive organizer shall maintain and make available to the secretary of state records evidencing the training completed by its circulators.

Source: L. 2005: Entire part added, p. 1396, § 11, effective June 6; entire part added, p. 1431, § 11, effective June 6. L. 2016: (2) amended and (3) added, (SB 16-107), ch. 42, p. 102, § 1, effective March 23.

1-2-702. Conducting a voter registration drive.

1. A voter registration drive organizer shall use the form of the voter registration application approved by the secretary of state by rule.
2. A circulator working on a voter registration drive shall collect a voter registration application distributed by the voter registration drive and offered by an elector and deliver the application to the voter registration drive organizer. A voter registration drive organizer shall deliver the application to the county clerk and recorder of the county in which the elector resides according to the address indicated on the application. The application shall be delivered no later than fifteen business days after the application is signed, or, if the application is sent by mail, it shall be postmarked no later than fifteen business days after the application is signed; except that an application shall be delivered or mailed no later than the registration deadline set forth in section 1-2-201 (3).

   (2.5) Within twenty-two days prior to an election, before accepting for delivery a voter registration application form from any elector, a circulator working on a voter registration drive shall inform the elector that, to vote in the upcoming election, the elector must submit an application for registration at a voter service and polling center or the elector's county clerk and recorder's office or through the online voter registration system established pursuant to section 1-2-202.5.

3. A voter registration drive organizer shall not compensate a circulator working on the voter registration drive based on the number of voter registration applications the circulator distributes or collects.

Source: L. 2005: Entire part added, p. 1397, § 11, effective June 6; entire part added, p. 1432, § 11, effective June 6. L. 2006: (2) amended, p. 2030, § 7, effective June 6. L. 2007: (2) amended, p. 1970, § 7, effective August 3. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 703, § 27, effective May 10. L. 2016: (2.5) added, (SB 16-107), ch. 42, p. 102, § 2, effective March 23.

Cross references: 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.

1-2-703. Violations - penalties.

1. A voter registration drive organizer that conducts a voter registration drive without filing the statement of intent with the secretary of state in accordance with section 1-2-701 or without maintaining a designated agent in the state or that uses a voter registration application form other than the form approved by the secretary of state by rule shall be punished by a fine not to exceed five hundred dollars.
2. A voter registration drive organizer that fails to fulfill the training requirements established by the secretary of state in accordance with section 1-2-701 (2) shall be punished by a fine not to exceed five hundred dollars.
3. 1. and
   2. Repealed.
   3. A voter registration drive organizer that intentionally fails to deliver a voter registration application to the proper county clerk and recorder in the manner and time prescribed by section 1-2-702 (2) shall be punished by a fine not to exceed five thousand dollars.
4. A voter registration drive organizer that compensates a circulator working on a voter registration drive based on the number of voter registration applications the circulator distributes or collects shall be punished by a fine not to exceed one thousand dollars.

Source: L. 2005: Entire part added, p. 1397, § 11, effective June 6; entire part added, p. 1432, § 11, effective June 6. L. 2006: (3) amended, p. 2031, § 8, effective June 6. L. 2007: Entire section amended, p. 1970, § 8, effective August 3. L. 2012: (3)(a) and (3)(b) repealed, (HB 12-1292), ch. 181, p. 678, § 8, effective May 17.

1-3-100.3. Definitions.

As used in this article:

1. "Political party" means a major political party as defined in section 1-1-104 (22).

Source: L. 98: Entire section added, p. 256, § 3, effective April 13.

1-3-101. Party affiliation required - residence.

1. 1. In order to vote at any precinct caucus, assembly, or convention of a political party, the elector must be a resident of the precinct for twenty-two days, must be registered to vote no later than twenty-two days before the caucus, assembly, or convention, and must be affiliated with the political party holding the caucus, assembly, or convention for at least twenty-two days as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years or who has become a naturalized citizen during the twenty-two days immediately preceding the meeting may vote at any caucus, assembly, or convention even though the elector has been affiliated with the political party for less than twenty-two days. If allowed by a political party's rules, a preregistrant may vote at any caucus, assembly, or convention if the preregistrant has been a resident of the precinct for twenty-two days before the caucus, assembly, or convention, and has been affiliated with the political party holding the caucus, assembly, or convention for at least twenty-two days as shown in the statewide voter registration system; except that a preregistrant who preregistered within the twenty-two days immediately preceding the meeting may vote at any caucus, assembly, or convention even though the preregistrant has been affiliated with the political party for less than twenty-two days.
   2. If an elector desires to vote at a precinct caucus but the elector's eligibility cannot be verified upon examination of the list of registered electors provided in accordance with subsection (3) of this section, the elector shall complete an affidavit attesting to the facts establishing the elector's eligibility. The secretary of state shall promulgate rules prescribing the form and content of the affidavit.
2. Notwithstanding subsection (1) of this section and section 1-2-101 (1)(b), an elector who moves from the precinct where registered during the twenty-one days prior to any caucus may participate in and vote at the caucus in the precinct of the elector's former residence but shall not be eligible for election as a delegate or for nomination as a precinct committeeperson in the former precinct.
3. 1. No later than twenty-one days prior to the date of the precinct caucus, or eighteen days prior to the date of the precinct caucus in a year in which a political party's precinct caucus is held on the first Saturday following the presidential primary election, the county clerk and recorder shall furnish without charge to each major political party in the county a list of the registered electors in the county who are affiliated with that political party. Notwithstanding section 1-2-227 (2), the list must include preregistrants whose information is otherwise confidential.
   2. Repealed.

Source: L. 80: Entire article R&RE, p. 315, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 302, § 1, effective April 29; (1) amended, p. 291, § 5, effective June 19. L. 91: Entire section amended, p. 618, § 28, effective May 1. L. 92: Entire article amended, p. 664, § 3, effective January 1, 1993. L. 94: (3) added, p. 1153, § 11, effective July 1; entire section amended, p. 1767, § 22, effective January 1, 1995. L. 95: (1) and (2) amended, p. 828, § 23, effective July 1. L. 99: Entire section amended, p. 760, § 15, effective May 20. L. 2002: (3) amended, p. 131, § 1, effective March 27. L. 2007: (3)(a) amended, p. 1988, § 2, effective August 3. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 574, § 25, effective May 18. L. 2018: (1), (2), and (3)(a) amended, (SB 18-233), ch. 262, p. 1606, § 8, effective May 29. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3009, § 12, effective August 2. L. 2020: (1)(a) and (3)(a) amended, (HB 20-1289), ch. 2, p. 3, § 1, effective March 3. L. 2021: (1)(a) and (3)(a) amended, (SB 21-250), ch. 282, p. 1636, § 11, effective June 21.

1-3-102. Precinct caucuses.

1. 1. 1. Precinct committee persons and delegates to county assemblies must be elected at precinct caucuses that must be held in a public place or in a private home that is open to the public during the caucus in or proximate to each precinct at a time and place to be fixed by the county central committee or executive committee of each political party. The precinct caucuses must be held in each even-numbered year on a date no earlier than the first Tuesday in March and no later than the first Saturday after the first Tuesday in March. The county central committee shall notify the secretary of state and the clerk and recorder of each county in the state of the precinct caucus date on or before January 2 of the year in which the election is held. (1) (a) (I) Precinct committee persons and delegates to county assemblies must be elected at precinct caucuses that must be held in a public place or in a private home that is open to the public during the caucus in or proximate to each precinct at a time and place to be fixed by the county central committee or executive committee of each political party. The precinct caucuses must be held in each even-numbered year on a date no earlier than the first Tuesday in March and no later than the first Saturday after the first Tuesday in March. The county central committee shall notify the secretary of state and the clerk and recorder of each county in the state of the precinct caucus date on or before January 2 of the year in which the election is held.
      2. and (III) Repealed.
   2. Any private home in which a precinct caucus is to be held shall be accessible to persons with disabilities in accordance with the rules of the county central committee or executive committee of each political party. The rules shall specify guidelines for determining whether a private home is accessible to persons with disabilities for purposes of this subsection (1) and for determining controversies regarding such accessibility.
2. 1. The participants at the precinct caucus shall also elect two precinct committeepersons. Any person eighteen years of age or older, or a person sixteen years of age or older who is preregistered to vote, may be a candidate for the office of precinct committeeperson if he or she has been a resident of the precinct for twenty-two days and has been affiliated with the political party holding the precinct caucus for a period of at least twenty-two days preceding the date of the precinct caucus; except that any person who has attained the age of eighteen years, has attained the age of sixteen years and has preregistered to vote, or who has become a naturalized citizen during the twenty-two days immediately preceding the precinct caucus may be a candidate for the office of precinct committeeperson even though he or she has been affiliated with the political party for less than twenty-two days as shown in the statewide voter registration system. The two people receiving the highest number of votes at the caucus for precinct committeeperson are elected as the precinct committeepersons of the precinct. If two or more candidates for precinct committeeperson receive an equal and the second highest number of votes, or if three or more candidates receive an equal and the highest number of votes, the election must be determined by lot by those candidates. All disputes regarding the election of precinct committeepersons are determined by the credentials committees of the respective party assemblies. The names of the committeepersons elected must be certified to the county assembly of the political party by the officers of the caucus. The presiding officer and secretary of the county assembly shall file a certified list of the names and addresses, by precinct, of those persons elected as precinct committeepersons with the county clerk and recorder within four days after the date of the county assembly.
   2. Within ten days after the boundaries of an existing precinct are changed or a new precinct is created, the members of the party county central committee vacancy committee shall select members to fill the vacancies for precinct committeepersons.
   3. Repealed.
   4. The person elected as committeeperson at the caucus shall assume the office immediately following the caucus. Causes for removal of the elected committeeperson from office shall include, but not be limited to, the following:
      1. In the case of removal by the credentials committee at the county assembly, the person does not meet the qualifications for committeeperson;
      2. In the case of removal by the county central committee, the person has moved from the precinct or has changed affiliation.
      3. Repealed.
4. Repealed.
5. Notwithstanding any provision to the contrary, a participant at a precinct caucus may participate remotely, including casting the participant's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.

Source: L. 80: Entire article R&RE, p. 315, § 1, effective January 1, 1981. L. 81: (2)(a) and (2)(b) amended, (2)(c) and (2)(d) added, and (3) and (4) repealed, pp. 304, 309, §§ 1, 12, effective January 1, 1982. L. 82: (2)(a) amended, p. 216, § 1, effective February 19. L. 85: (1) amended, p. 248, § 3, effective July 1. L. 90: (1) amended, p. 303, § 3, effective June 8. L. 91: (2)(a) amended, p. 618, § 29, effective May 1. L. 92: Entire article amended, p. 665, § 3, effective January 1, 1993. L. 93: (2)(c) and (2)(d)(III) repealed, p. 1404, § 28, effective July 1. L. 94: (2)(a) amended, p. 1768, § 23, effective January 1, 1995. L. 95: (2)(a) amended, p. 828, § 24, effective July 1. L. 98: (1) amended, p. 633, § 4, effective May 6. L. 99: (1) and (2)(a) amended, p. 761, § 16, effective May 20; (1) amended, p. 100, § 1, effective August 4; (2)(d)(II) amended, p. 159, § 6, effective August 4. L. 2001: (1) amended, p. 1001, § 2, effective August 8. L. 2002: (1)(a) amended, p. 132, § 2, effective March 27. L. 2005: (1)(a)(I) amended, p. 1398, § 12, effective June 6; (1)(a)(I) amended, p. 1433, § 12, effective June 6. L. 2007: (1)(a)(I) amended and (1)(a)(III) added, p. 1988, § 3, effective August 3. L. 2011: (1)(a)(I) amended, (SB 11-189), ch. 243, p. 1062, § 2, effective May 27. L. 2016: (2)(a) amended, (SB 16-142), ch. 173, p. 574, § 26, effective May 18. Initiated 2016: (1)(a)(III) amended, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820 . L. 2019: (1)(a)(III) amended, (HB 19-1278), ch. 326, p. 3009, § 13, effective August 2. L. 2020: (2)(a) amended, (HB 20-1289), ch. 2, p. 3, § 2, effective March 3. L. 2021: (1)(a)(I) and (2)(a) amended, (1)(a)(III) repealed, and (5) added, (SB 21-250), ch. 282, p. 1637, § 12, effective June 21.

1-3-103. Party committees - repeal.

1. 1. At its own precinct caucus, each political party shall elect two committeepersons for each election precinct as provided in section 1-3-102. Each committeeperson shall hold the position for a term of two years after the date of the election, and each shall serve until a successor is duly elected or appointed and commences the term of office. In case of a vacancy in the office of precinct committeeperson, the vacancy may be filled by the members of the county central committee vacancy committee. If the county central committee vacancy committee does not fill the vacancy within thirty days of the vacancy occurring, the vacancy may be filled by the recommendation of the county chair, subject to ratification by the county central committee. If the county chair does not fill the vacancy within sixty days of the vacancy occurring, the vacancy may be filled by recommendation of the state chair, subject to ratification by the county central committee. The person selected must be a resident of the precinct in which the vacancy occurred.
   2. 1. All of the precinct committeepersons of the political party in the county, all of the district captains and co-captains, if any, of the political party in the county, and the county party officers selected pursuant to paragraph (c) of this subsection (1), together with the elected county public officials, the state senators and representatives, the United States senators and representatives, the elected state public officials, and the district attorney, who are members of the party and who reside within the county, shall constitute the membership of the county central committee, but the multiple office shall not entitle a person to more than one vote, excluding proxies.
      2. In counties which have adopted a five-commissioner board or county home rule, such county central committee shall be constituted of all the precinct committeepersons from precincts in the county commissioner district, together with the officers selected pursuant to this subparagraph (II), and the state senators and representatives and the district attorney who are members of the party and who reside within the district. Such county central committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as the county central committee. Such central committee shall select a vacancy committee for the purpose of filling vacancies in the office of county commissioner held by members of the political party.
   3. Each county central committee shall meet on a date which falls between February 1 and February 15 of the odd-numbered years to organize by selecting a chairperson, a vice-chairperson, and a secretary and any other officers provided for in the county rules and shall select a vacancy committee authorized to fill vacancies in the county central committee and the offices held by members of the county central committee and shall select a separate vacancy committee to fill vacancies in the office of county commissioner held by members of the political party.
   4. Except as provided in paragraph (d) of subsection (4), paragraph (b) of subsection (5), and paragraph (b) of subsection (6) of this section, all other central committees shall meet on a date which falls between February 15 and April 1 of the odd-numbered years to organize by electing a chairperson, a vice-chairperson, and a secretary and shall select a vacancy committee authorized to fill vacancies in the central committees and in district and state offices held by members of the political party.
   5. Repealed.
2. 1. The state central committee shall consist of the chairpersons and vice-chairpersons of the several party county central committees, together with the elected United States senators, representatives in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, members of the board of regents, members of the state board of education, state senators, and state representatives, and any additional members as provided for by the state central committee bylaws. Two additional members shall be allowed the political party from each county that polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof so polled in the county. The additional members shall be elected by the county central committee of the political party.
   2. Within ten days after the adjournment of the organizational meeting of the state central committee of any political party, the chairperson and secretary of the state central committee shall file under oath with the secretary of state a full and complete roll of the membership of the state central committee.
3. 1. The chairpersons and vice-chairpersons of the several party county central committees entirely or partially, who reside within each congressional district, together with the elected congressperson, the elected state board of education member of the party for the congressional district, the elected board of regents member of the party for the congressional district, and the state senators and representatives of the party who reside within the congressional district, shall constitute the party congressional central committee.
   2. If, in any county, or portion thereof, within the congressional district, any political party has polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States, the county shall be entitled to two additional members of the congressional central committee of the political party. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof so polled by the party in the county or portion thereof within the congressional district. The additional members shall reside within the congressional district and shall be elected by those members of the county central committee of the political party who reside within the congressional district. The additional members shall be as equally divided as possible between male and female.
   3. Other members of the congressional central committees may be provided for by the state central committee bylaws.
   4. Each party congressional district central committee shall elect its own chairperson, vice-chairperson, and secretary and shall adopt its own bylaws concerning its conduct, which shall include but need not be limited to requirements for eligibility to vote in the congressional district assembly.
   5. The chairperson of each party congressional district central committee shall fix the time and place of each meeting of the committee, shall fix the time and place of its congressional district assembly, and shall preside over each meeting and the congressional district assembly.
4. 1. The chairpersons and vice-chairpersons of the several party county central committees, who reside within each judicial district, together with the elected district attorney of the party for the judicial district, shall constitute the judicial district central committee.
   2. If, in any county within the judicial district, any political party has polled at least ten thousand votes at the last preceding general election for its candidate for governor or president of the United States, the county shall be entitled to two additional members of the judicial district central committee of the political party. Two additional members shall be allowed for each additional ten thousand votes or major portion thereof polled in the county. The additional members shall be elected by those members of the county central committee of the political party who reside within the judicial district. The additional members shall be as equally divided as possible between male and female.
   3. Other members of the judicial district central committee may be provided for by the state central committee bylaws.
   4. When a judicial district is comprised of one county or a portion of one county, the judicial district central committee shall consist of all elected precinct committeepersons, the elected district attorney, and the chairperson, the vice-chairperson, and the secretary of the county central committee, all of whom are of the party and reside in that judicial district. The committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as a party county central committee.
   5. Each party judicial district central committee shall elect its own chairperson, vice-chairperson, and secretary and shall adopt its own bylaws concerning its conduct, which shall include but need not be limited to requirements for eligibility to vote in the judicial district assembly.
   6. The chairperson of each party judicial district central committee shall fix the time and place of each meeting of the committee, shall fix the time and place of its district assembly, and shall preside over each meeting and the judicial district assembly.
5. 1. When a state senatorial district is comprised of one or more whole counties or of a part of one county and all or a part of one or more other counties, a state senatorial central committee shall consist of the chairpersons, vice-chairpersons, and secretary of the several party county central committees, who reside within the state senatorial district. If any of those officers do not reside in the state senatorial district, replacements shall be provided who do reside in the district. The state senatorial central committee shall also include the elected state senator of the party for the state senatorial district, the state representatives of the party who reside within the state senatorial district, and a chairperson, vice-chairperson, and secretary of the state senatorial central committee, who may or may not be elected from among, but shall be elected by, the chairpersons, vice-chairpersons, and secretary, the state senator, and the state representatives.
   2. When a state senatorial district is comprised of a portion of one county, a state senatorial central committee shall consist of the elected precinct committeepersons, the elected state senator, the elected state representatives, and a chairperson, vice-chairperson, and secretary of the state senatorial central committee, all of whom are of the party and reside in that senatorial district. In addition, the chairperson, vice-chairperson, and secretary of the party county central committee shall be members of each state senatorial central committee, who reside within the senatorial district. The chairperson, vice-chairperson, and secretary of the state senatorial central committee may or may not be elected from among, but shall be elected by, the state senatorial central committee. The committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as the party county central committee.
6. 1. When a state representative district is comprised of one or more whole counties or of a part of one county and all or a part of one or more other counties, a state representative central committee shall consist of the chairpersons, vice-chairpersons, and secretary of the several party county central committees, who reside within the state representative district. If any of those officers do not reside in the state representative district, replacements shall be provided who do reside in the district. The state representative central committee shall also include the elected state representative of the party for the state representative district, each state senator of the party who resides within that representative district, and a chairperson, vice-chairperson, and secretary of the state representative central committee, who may or may not be elected from among, but shall be elected by, the chairpersons, vice-chairpersons, and secretary, the state representative, and the state senators.
   2. When a state representative district is comprised of a portion of one county, a state representative central committee shall consist of the elected precinct committeepersons, the elected state representative, the elected state senators, and a chairperson, vice-chairperson, and secretary of the state representative central committee, all of whom are of the party and reside in that state representative district. In addition, the chairperson, vice-chairperson, and secretary of the party county central committee, who reside within the state representative district, shall be members of the state representative central committee. The chairperson, vice-chairperson, and secretary of the state representative district central committee may or may not be elected from among, but shall be elected by, the state representative central committee. The committee shall meet on the same date and select a chairperson and vice-chairperson in the same manner as the party county central committee.
7. No later than thirty days after the organizational meetings authorized by this section, the secretary of each party central committee prescribed by this section shall file with the state party a list of the names, addresses, and telephone numbers of each of the officers elected, together with a list of the names, addresses, and telephone numbers of the vacancy committee selected. No later than forty-five days after the organizational meetings authorized by this section, the state party shall file with the secretary of state a compiled list of all the officers elected and vacancy committee members selected along with their addresses and telephone numbers.
8. All references to elected public officials in this article shall include those public officials appointed to fill vacancies in elective offices.
9. 1. No later than ninety days after the organization of the state central committees of the major political parties in each odd-numbered year, each committee shall adopt in its bylaws or rules its general guidelines and regulations for all county party matters. Such bylaws or rules shall establish a procedure for the selection of delegates to any party assembly that is consistent with party practice. Any method under such procedure for choosing or allocating delegates in a county based on the number of votes cast at an election for a particular candidate shall be uniform among the counties so that all types of ballots are counted or not counted for purposes of determining the number of votes cast. Any county central committee may adopt its own rules in conformance with those of the state central committee. In the absence of county rules pertaining to specific items, the party's state central committee's guidelines and rules shall apply. Each state central committee shall file its party's bylaws or rules with the secretary of state no later than the first Monday in February in each even-numbered year and, if filed prior to that date, the bylaws or rules may be amended until that date. Except as provided in subsection (9)(c) of this section, no bylaw or rule may be filed or amended after the first Monday in February in each even-numbered year. Where the bylaws or rules are not filed in accordance with this section, the party's state central committee, as well as the party's county central committee, are subject to the code through the general election of the same year. Each state central committee shall compile and provide to the secretary of state information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee.
   3. Repealed.
10. 1. Each party state senatorial central committee and each party state representative central committee shall elect its own chairperson, vice-chairperson, and secretary and adopt its own bylaws concerning its conduct, which shall include, but not be limited to, the listing of requirements for eligibility to vote in the state senatorial or state representative district assembly.
    2. The chairperson of each party state senatorial central committee and each party state representative central committee shall fix the time and place of meetings of the central committee, shall fix the time and place of its district assembly, and shall preside over the meetings and district assembly.
11. 1. Notwithstanding any provision to the contrary, a member of a central committee may participate in a central committee meeting, including a meeting required by this section, remotely, including casting the member's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.
    2. Notwithstanding any provision to the contrary, a state party central committee or state party executive committee may adopt party rules or bylaws to implement subsection (11)(a) of this section. The state party central committee or state party executive committee may adopt such party rules or bylaws without regard for any notice or call requirements in existing party rules or bylaws. A member of the state party central committee or state party executive committee considering such rules or bylaws may participate remotely in a meeting in which the rules or bylaws are being considered, including casting the member's vote by e-mail, mail, telephone, or through an internet-based application.
    3. Notwithstanding any provision to the contrary, a state senate, state house of representatives, or county commissioner district committee may hold a meeting to address organizational or administrative matters, including without limitation, the election of the committee's officers, separate from a meeting of the state or county central committee. A member of a district committee may participate in a separate meeting held in accordance with this subsection (11)(c) by remote means, including casting the member's vote by e-mail, mail, telephone, or through an internet-based application if such remote participation has been approved by the chair and vice-chair of the district committee.
    4. This subsection (11) is repealed, effective December 31, 2021.
12. If a central committee of a jurisdiction fails to select a vacancy committee, the central committee of the jurisdiction serves as the vacancy committee.

Source: L. 80: Entire article R&RE, pp. 316, 421, §§ 1, 1, effective January 1, 1981. L. 81: (1)(a), (1)(b), (4)(d), (5)(b), and (6)(b) amended, p. 305, § 2, effective January 1, 1982. L. 82: (1)(e) added, p. 218, § 1, effective April 2. L. 83: (1)(b)(II), (1)(c), (1)(d), and (7) amended, p. 360, § 1, effective May 20. L. 85: (3)(b) and (4)(b) amended and (3)(d), (3)(e), (4)(e), and (4)(f) added, pp. 255, 256, §§ 5, 6, effective May 31. L. 87: (5) and (6) amended, p. 284, § 5, effective June 26. L. 89: (9) amended, p. 313, § 1, effective April 12; (3)(a), (4)(a), (5), and (6) amended, p. 301, § 5, effective May 9. L. 91: (5)(a), (6)(a), and (9) amended, p. 619, § 30, effective May 1. L. 92: (9) amended, p. 591, § 2, effective April 10; entire article amended, p. 666, § 3, effective January 1, 1993. L. 93: (2)(b) amended, p. 1765, § 2, effective June 6. L. 96: (9) amended, p. 1738, § 19, effective July 1. L. 98: (9) amended, p. 814, § 1, effective August 5. L. 99: (7) and (9) amended, p. 761, § 17, effective May 20. L. 2002: (9) amended, p. 132, § 3, effective March 27. L. 2012: (9)(a) amended, (HB 12-1292), ch. 181, p. 679, § 9, effective May 17. L. 2018: (9)(a) amended, (SB 18-233), ch. 262, p. 1607, § 9, effective May 29. L. 2019: (7) amended, (HB 19-1278), ch. 326, p. 3009, § 14, effective August 2. L. 2020: (9)(a) amended and (9)(c) added, (HB 20-1359), ch. 23, p. 82, § 1, effective March 16. L. 2021: (11) added, (HB 21-1001), ch. 1, p. 1, § 1, effective January 20; (1)(a) amended and (12) added, (SB 21-250), ch. 282, p. 1638, § 13, effective June 21.

1-3-104. Political party vacancy committees.

All vacancies in state, congressional, judicial, senatorial, representative, or county commissioner party central committees shall be filled by the respective party county central committees pursuant to section 1-3-103.

Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-110 (2) as it existed prior to 1980.

1-3-105. Powers of central committees.

1. Subject to the provisions of section 1-3-106 (2), the state central committee has the power to make all rules for party government.
2. Any state, congressional, judicial, senatorial, representative, county commissioner, or county central committee may select a managing or executive committee and may authorize the executive committee to exercise any and all powers conferred upon the respective central committees.
3. Repealed.

Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993. L. 2020: (3) added, (HB 20-1359), ch. 23, p. 86, § 2, effective March 16.

1-3-106. Control of party controversies.

1. The state central committee of any political party in this state has full power to pass upon and determine all controversies concerning the regularity of the organization of that party within any congressional, judicial, senatorial, representative, or county commissioner district or within any county and also concerning the right to the use of the party name. The state central committee may make rules governing the method of passing upon and determining controversies as it deems best, unless the rules have been provided by the state convention of the party as provided in subsection (2) of this section. All determinations upon the part of the state central committee shall be final.
2. From the time the state convention of the party convenes until the time of its final adjournment, the state convention has all the powers given by subsection (1) of this section to the state central committee, but not otherwise. The state convention of the party may also provide rules that shall govern the state central committee in the exercise of the powers conferred upon the committee in subsection (1) of this section.

Source: L. 80: Entire article R&RE, p. 320, § 1, effective January 1, 1981. L. 92: Entire article amended, p. 671, § 3, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-109 as it existed prior to 1980.

Cross references: For congressional districts, see § 2-1-101.

1-3-107. Party platforms.

1. Any assembly or convention of any political party may formulate, adopt, and publish a platform for the political subdivision which the assembly or convention represents.
2. Repealed.

Source: L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 85: (2) repealed, p. 270, § 37, effective May 31. L. 92: Entire article amended, p. 672, § 3, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-111 as it existed prior to 1980.

1-3-108. Use of party name.

No person, group of persons, or organization shall use the name or address of a political party, in any manner, unless the person, group of persons, or organization has received permission to use the name or address from the executive committee of the political party.

Source: L. 87: Entire section added, p. 285, § 6, effective June 26. L. 92: Entire article amended, p. 672, § 3, effective January 1, 1993.

1-4-101. Primary elections - when - nominations - expenses.

1. Except as provided in section 1-4-104.5, a primary election shall be held on the last Tuesday in June of even-numbered years to nominate candidates of political parties to be voted for at the succeeding general election. Except as provided by section 1-4-1304 (1.5), only a major political party, as defined in section 1-1-104 (22), is entitled to nominate candidates in a primary election.
2. 1. Each political party that is entitled to participate in the primary election must have a separate party ballot for use by electors affiliated with that political party. An elector is not required to vote in the same party primary as the elector voted in as part of a presidential primary election occurring in that same year, if such an election is held.
   2. The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a mailing that contains the ballots of all of the major political parties. In this mailing, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted.
   3. The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in primary elections.
   4. The primary election of all political parties shall be held at the same time and shall be conducted by the same election officials.
3. All nominations by major political parties for candidates for United States senator, representative in congress, all elective state, district, and county officers, and members of the general assembly shall be made by primary elections; except that, for general elections occurring after January 1, 2001, nominations by major political parties for candidates for lieutenant governor shall not be made by primary elections and shall be made pursuant to section 1-4-502 (3). Neither the secretary of state nor any county clerk and recorder shall place on the official general election ballot the name of any person as a candidate of any major political party who has not been nominated in accordance with the provisions of this article, or who has not been affiliated with the major political party for the period of time required by section 1-4-601, or who does not meet residency requirements for the office, if any. The information found on the voter registration record of the county of current or previous residence of the person seeking to be placed on the ballot is admissible as prima facie evidence of compliance with this article.
4. Except as otherwise provided in this code, all primary elections shall be conducted in the same manner as general elections insofar as the general election provisions are applicable, and the election officers for primary elections have the same powers and shall perform the same duties as those provided by law for general elections.
5. All expenses incurred in the preparation or conduct of the primary election shall be paid out of the treasury of the county or state, as the case may be, in the same manner as for general elections.

Source: L. 80: Entire article R&RE, p. 321, § 1, effective January 1, 1981. L. 81: (1) amended, p. 307, § 3, effective January 1, 1982. L. 83: (3) amended, p. 350, § 9, effective July 1. L. 85: (1) amended, p. 248, § 4, effective July 1. L. 86: (3) amended, p. 396, § 6, effective April 17. L. 88: (3) amended, p. 293, § 1, effective May 29. L. 89: (3) amended, p. 314, § 2, effective April 12. L. 91: (3) amended, p. 620, § 31, effective May 1. L. 92: Entire part amended, p. 672, § 4, effective January 1, 1993. L. 98: (1) to (3) amended, p. 256, § 4, effective April 13. L. 99: (3) amended, p. 159, § 7, effective August 4. L. 2000: (3) amended, p. 2027, § 1, effective August 2. L. 2003: (1) and (2) amended, p. 1309, § 4, effective April 22. L. 2009: (1) amended, (HB 09-1015), ch. 259, p. 1183, § 1, effective August 5. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1501, § 1, effective May 27. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1062, § 3, effective May 27. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 703, § 28, effective May 10. Initiated 2016: (2) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2822 . L. 2017: IP(2) and (2)(a) amended, (SB 17-305), ch. 216, p. 841, § 2, effective August 9.

1-4-102. Methods of placing names on primary ballot.

All candidates for nominations to be made at any primary election shall be placed on the primary election ballot either by certificate of designation by assembly or by petition.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-203 as it existed prior to 1980.

1-4-103. Order of names on primary ballot.

Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote. To qualify for placement on the primary election ballot, a candidate must receive thirty percent or more of the votes of the assembly. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 86: Entire section amended, p. 1214, § 1, effective May 30. L. 87: Entire section amended, p. 286, § 7, effective June 26. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-209 as it existed prior to 1980.

1-4-104. Party nominees.

Candidates voted on for offices at primary elections who receive a plurality of the votes cast shall be the respective party nominees for the respective offices. If more than one office of the same kind is to be filled, the number of candidates equal to the number of offices to be filled receiving the highest number of votes shall be the nominees of the political party for the offices. The names of the nominees shall be printed on the official ballot prepared for the ensuing general election.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993. L. 98: Entire section amended, p. 256, § 5, effective April 13. L. 2003: Entire section amended, p. 1309, § 5, effective April 22.

Editor's note: This section is similar to former § 1-15-109 as it existed prior to 1980.

1-4-104.5. Primary election canceled - when.

1. If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for any political party who has been nominated in accordance with this article or who has filed a write-in candidate affidavit of intent pursuant to section 1-4-1101 for any office on the primary election ballot, the designated election official may cancel the primary election and declare each candidate the party nominee for that office at the general election. For purposes of other applicable law, such nominee shall be deemed a candidate in and the winner of the primary election. The name of each nominee shall be printed on the official ballot prepared for the ensuing general election.
2. If a major political party has more than one candidate nominated for any office on the primary election ballot, the primary election shall be conducted as provided in section 1-4-101.
3. If, at the close of business on the sixtieth day before the primary election, there is not more than one candidate for each major political party who has been nominated in accordance with this article for any office on the primary election ballot and a minor political party has more than one candidate nominated for any such office, the primary election shall be conducted as provided in section 1-4-101 for the nomination of the minor political party candidate only.

Source: L. 2009: Entire section added, (HB 09-1015), ch. 259, p. 1183, § 2, effective August 5.

1-4-105. Defeated candidate ineligible.

No person who has been defeated as a candidate in a primary election shall be eligible for election to the same office by ballot or as a write-in candidate in the next general election unless the party vacancy committee nominates that person.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 91: Entire section amended, p. 620, § 32, effective May 1. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-15-110 as it existed prior to 1980.

1-4-201. Time of holding general election.

A general election shall be held in all precincts in this state on the Tuesday succeeding the first Monday of November in every even-numbered year.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-101 as it existed prior to 1980.

Cross references: For the hours of voting, see § 1-7-101.

1-4-202. United States senators.

At the general election in 1984 and every six years thereafter, one United States senator shall be elected for the next term; and, at the general election in 1986 and every six years thereafter, one United States senator shall be elected for the next term.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-104 as it existed prior to 1980.

1-4-203. Representatives in congress.

At every general election, the number of representatives in congress to which the state is entitled shall be elected.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-105 as it existed prior to 1980.

Cross references: For congressional districts, see § 2-1-101.

1-4-204. State and district officers.

At the general election in 1982 and every fourth year thereafter, the following state officers shall be elected: One governor, one lieutenant governor, one secretary of state, one state treasurer, and one attorney general. The lieutenant governor shall be elected jointly with the governor. At every general election, the number of members of the state house of representatives to which each representative district is entitled shall be elected in that district. Candidates for the offices of regents of the university of Colorado, state senators, members of the state board of education, and district attorneys shall be voted on at the general election immediately prior to the expiration of the regular terms for those offices.

Source: L. 80: Entire article R&RE, p. 322, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 673, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-102 as it existed prior to 1980.

Cross references: For terms of office for regents of the university of Colorado, see § 12 of art. IX, Colo. Const.; for terms of office for state senators, see § 2-2-103; for terms of office for members of the state board of education, see § 22-2-105; for terms of office for district attorneys, see § 13 of art. VI, Colo. Const.; for the election of presidential electors, see § 1-4-301; for the election of state officers, see §§ 1, 3, and 4 of art. IV, Colo. Const.; for the election of district judges, see §§ 10 and 11 of art. VI, Colo. Const.; for the election of district attorneys, see § 13 of art. VI, Colo. Const.; for the division of county into districts for the purpose of electing county commissioners, see § 30-10-306.

1-4-205. County commissioners.

1. 1. Members of the board of county commissioners shall be elected in each county, excluding a city and county, for a term of four years.
   2. No person shall be a county commissioner unless that person is a registered elector and has resided in the district for at least one year prior to the election.
2. Each county having a population of less than seventy thousand shall have three county commissioners, any two of whom shall constitute a quorum for the transaction of business. One commissioner shall be elected at the general election in 1982 and every four years thereafter, and two commissioners shall be elected at the general election in 1984 and every four years thereafter.
3. 1. In each county having a population of seventy thousand or more, the board of county commissioners may consist either of three members, any two of whom shall constitute a quorum for the transaction of business, or of five members, any three of whom shall constitute a quorum for the transaction of business.
   2. If the board consists of three commissioners, they shall be elected as provided in subsection (2) of this section and as provided in section 30-10-306.7 (5), C.R.S.
   3. In any county having a population of seventy thousand or more, the membership of the board of county commissioners may be increased from three to five members pursuant to section 30-10-306.5, C.R.S., or decreased from five to three members pursuant to section 30-10-306.7 (2)(a)(II), C.R.S.

Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 88: (3)(b) and (3)(c) amended, p. 1113, § 3, effective April 9; (1) amended, p. 297, § 1, effective January 1, 1989. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-106 as it existed prior to 1980.

Cross references: For election and terms of county officers, see §§ 6 and 8 of art. XIV, Colo. Const.; for statutes relating to county officers generally, see article 10 of title 30.

1-4-206. Other county officers.

At the general election in 1982 and every four years thereafter, one county clerk and recorder, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff qualified pursuant to section 30-10-501.5, C.R.S.; one coroner qualified pursuant to section 30-10-601.5, C.R.S.; one treasurer, who shall be collector of taxes; one county superintendent of schools, unless the office of county superintendent of schools is abolished at a general election; one county surveyor; and one county assessor shall be elected in each county, excluding a city and county. The term of office of all such officials shall be four years.

Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 90: Entire section amended, p. 304, § 5, effective June 8. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993. L. 2003: Entire section amended, p. 1830, § 1, effective August 6.

Editor's note: This section is similar to former § 1-16-107 as it existed prior to 1980.

Cross references: For county officers' elections, terms, and salaries, see § 8 of art. XIV, Colo. Const.

1-4-301. Time of holding presidential elections.

At the general election in 1984 and every fourth year thereafter, the number of presidential electors to which the state is entitled shall be elected.

Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 674, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-16-103 as it existed prior to 1980.

1-4-302. Party nominations to be made by convention.

1. Any convention of delegates of a political party or any committee authorized by resolution of the convention may nominate presidential electors.
2. All nominations for vacancies for presidential electors made by the convention or a committee authorized by the convention shall be certified by affidavit of the presiding officer and secretary of the convention or committee.

Source: L. 80: Entire article R&RE, p. 323, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-107 as it existed prior to 1980.

Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for protests of designations and nominations, see § 1-4-909.

1-4-303. Nomination of unaffiliated candidates - fee. (Repealed)

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 885, § 1, effective July 1; entire section amended, p. 860, § 114, effective July 1. L. 98: Entire section amended, p. 1317, § 4, effective June 1. L. 99: (1) amended, p. 762, § 18, effective May 20. L. 2005: (1) amended, p. 1398, § 13, effective June 6; (1) amended, p. 1433, § 13, effective June 6. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 4, effective May 27. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 679, § 10, effective May 17. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3010, § 15, effective August 2. L. 2021: Entire section repealed, (SB 21-250), ch. 282, p. 1672, § 83, effective June 21.

Editor's note: Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing this section applies to elections conducted on or after June 21, 2021.

1-4-304. Presidential electors.

1. The presidential electors shall convene at the capital of the state, in the office of the governor at the capitol building, on the first Monday after the second Wednesday in the first December following their election at the hour of 12 noon and take the oath required by law for presidential electors. If any vacancy occurs in the office of a presidential elector because of death, refusal to act, absence, or other cause, the presidential electors present shall immediately proceed to fill the vacancy in the electoral college. When all vacancies have been filled, the presidential electors shall proceed to perform the duties required of them by the constitution and laws of the United States. The vote for president and vice president shall be taken by open ballot.
2. The secretary of state shall give notice in writing to each of the presidential electors of the time and place of the meeting at least ten days prior to the meeting.
3. The secretary of state shall provide the presidential electors with the necessary blanks, forms, certificates, or other papers or documents required to enable them to properly perform their duties.
4. If desired, the presidential electors may have the advice of the attorney general of the state in regard to their official duties.
5. Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in this state.

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993. L. 2001: (5) amended, p. 1002, § 3, effective August 8.

Editor's note: This section is similar to former § 1-17-101 as it existed prior to 1980.

1-4-305. Compensation.

Every presidential elector of this state who attends and votes for those officers at the time and place appointed by law is entitled to receive the sum of five dollars per day for each day's attendance at the election and fifteen cents per mile for each mile traveled in going to and returning from the place where the electors meet, by the most usual route traveled, to be paid out of the general fund. The controller shall audit the amount and draw a warrant for the same.

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 92: Entire part amended, p. 675, § 4, effective January 1, 1993.

Editor's note: This section is similar to former § 1-17-102 as it existed prior to 1980.

1-4-401. Time of congressional vacancy elections.

1. Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs.
2. A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.

Source: L. 80: Entire article R&RE, p. 324, § 1, effective January 1, 1981. L. 83: (1) amended, p. 350, § 10, effective July 1. L. 92: Entire part amended, p. 676, § 4, effective January 1, 1993. L. 93: (1) amended, p. 1765, § 3, effective June 6. L. 95: (1) amended, p. 829, § 25, effective July 1. L. 2008: (1) amended, p. 409, § 2, effective August 5. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 5, effective May 27.

Editor's note: This section is similar to former § 1-11-101 as it existed prior to 1980.

Cross references: For registration for congressional vacancy elections, see § 1-2-210; for the power of the county central committee to fill vacancies, see § 1-3-104; for filling vacancies to serve as judges of elections, see § 1-6-113.

1-4-401.5. Special congressional vacancy election - continuity in representation - rules.

1. In the event of a declaration by the speaker of the United States house of representatives pursuant to 2 U.S.C. sec. 8 (b) that vacancies exist in more than one hundred of the offices of representatives in congress and where one or more of those vacancies is in the office of representative in congress from this state, the governor shall issue a proclamation setting a day to hold a special congressional vacancy election. The special congressional vacancy election shall be conducted on a Tuesday not more than forty-nine days after the date of the declaration, unless a general election for the office is to be held within seventy-five days of the date of the declaration.
2. Candidates at the special congressional vacancy election shall be nominated by the party congressional central committee selected pursuant to section 1-3-103 (3) not later than ten days after the declaration by the speaker of the United States house of representatives described in subsection (1) of this section.
3. A person who desires to be an unaffiliated candidate at the special congressional vacancy election shall submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of five hundred dollars.
4. The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this section or to adjust statutory deadlines to ensure that a special congressional vacancy election is held within the time required by this section and 2 U.S.C. sec. 8 (b).

Source: L. 2008: Entire section added, p. 409, § 3, effective August 5.

1-4-402. Nominations of political party candidates.

1. 1. Any convention of delegates of a political party or any committee authorized by resolution of the convention shall nominate a candidate to fill a vacancy in the unexpired term of a representative in congress. A state central committee, its managing or executive committee selected pursuant to section 1-3-105 (2), or any other committee designated by the bylaws of the state central committee to convene a convention to nominate a candidate to fill a vacancy in the unexpired term of a representative in congress shall convene the convention and shall provide the procedure for the nomination of the candidate. A copy of the notice of election, as set by the governor and filed with the secretary of state, shall be sent by certified mail to the state chairperson of each political party.
   2. Upon receipt of the notice, the state chairperson shall issue a call for the state convention, stating the number of delegates from each county and the method of their selection.
   3. No convention shall be held later than the twentieth day from the date of the order issued by the governor.
   4. 1. Any candidate nominated by a political party must be affiliated with the party for at least twelve consecutive months prior to the date the convention begins, as shown in the statewide voter registration system.
      2. Notwithstanding the provisions of subparagraph (I) of this paragraph (d), if a political party has established a rule regarding the length of affiliation which is necessary to be eligible for nomination by convention for the office of representative in congress, the party rule shall apply.
2. The nomination to fill the vacancy in the unexpired term of a representative in congress made by the political party convention or a committee authorized by the convention shall be certified by affidavit of the presiding officer and secretary of the convention or committee.

Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire section amended, p. 362, § 1, effective January 14; (1) amended, p. 351, § 11, effective July 1. L. 88: (1)(d) amended, p. 293, § 2, effective May 29. L. 92: Entire part amended, p. 676, § 4, effective January 1, 1993. L. 99: (1)(d)(II) amended, p. 160, § 8, effective August 4. L. 2016: (1)(d)(I) amended, (SB 16-142), ch. 173, p. 575, § 27, effective May 18.

Editor's note: This section is similar to former § 1-14-107 as it existed prior to 1980.

Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for protests of designations and nominations, see § 1-4-909.

1-4-403. Nomination of unaffiliated candidates for congressional vacancy election.

1. Except as provided in section 1-4-401.5, candidates for congress at a congressional vacancy election who do not wish to affiliate with a major political party may be nominated pursuant to the provisions of section 1-4-802.
2. Petitions must be filed by 3 p.m. on the twentieth day after the date of the order issued by the governor.

Source: L. 80: Entire article R&RE, p. 325, § 1, effective January 1, 1981. L. 83: Entire section R&RE, p. 351, § 12, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 99: Entire section amended, p. 762, § 19, effective May 20. L. 2008: (1) amended, p. 410, § 4, effective August 5. L. 2011: (2) amended, (SB 11-189), ch. 243, p. 1063, § 6, effective May 27.

Editor's note: This section is similar to former § 1-14-107 (5) as it existed prior to 1980.

1-4-404. Nomination and acceptance of candidate.

Any person nominated in accordance with this article 4 shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within four business days after the adjournment of the assembly. If an acceptance is not filed within the specified time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.

Source: L. 83: Entire section added, p. 351, § 13, effective July 1. L. 92: Entire part amended, p. 677, § 4, effective January 1, 1993. L. 95: Entire section amended, p. 829, § 26, effective July 1. L. 2010: Entire section amended, (HB 10-1116), ch. 194, p. 832, § 9, effective May 5. L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 962, § 6, effective August 9.

1-4-501. Only eligible electors eligible for office.

1. No person except an eligible elector who is at least eighteen years of age, unless another age is required by law, is eligible to hold any office in this state. No person is eligible to be a designee or candidate for office unless that person fully meets the qualifications of that office as stated in the constitution and statutes of this state on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she will fully meet the qualifications of the office if elected; or who is unable to provide proof that he or she meets any requirements of the office relating to registration, residence, or property ownership; or who the designated election official determines is not qualified to hold the office that he or she seeks based on residency requirements. The information found on the person's voter registration record is admissible as prima facie evidence of compliance with this section.
2. No person is eligible to be a candidate for more than one office at one time; except that this subsection (2) does not apply to memberships on different special district boards. This subsection (2) shall not prohibit a candidate or elected official of any political subdivision from being a candidate or member of the board of directors of any special district or districts in which he or she is an eligible elector, unless otherwise prohibited by law.
3. The qualification of any candidate may be challenged by an eligible elector of the political subdivision within five days after the designated election official's statement is issued that certifies the candidate to the ballot. The challenge shall be made by verified petition setting forth the facts alleged concerning the qualification of the candidate and shall be filed in the district court in the county in which the political subdivision is located. The hearing on the qualification of the candidate shall be held in not less than five nor more than ten days after the date the election official's statement is issued that certifies the candidate to the ballot. The court shall hear the testimony and other evidence and, within forty-eight hours after the close of the hearing, determine whether the candidate meets the qualifications for the office for which the candidate has declared. Provisions of section 13-17-101, C.R.S., regarding frivolous, groundless, or vexatious actions shall apply to this section.

Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 94: (2) amended, p. 1153, § 12, effective July 1. L. 95: Entire section amended, p. 829, § 27, effective July 1. L. 2017: (1) amended, (SB 17-209), ch. 234, p. 946, § 1, effective August 9.

Editor's note: This section is similar to former § 1-4-501 as it existed prior to 1992.

Cross references: For electors only eligible to office, see also § 6 of art. VII, Colo. Const.; for disqualifications from holding office of trust or profit, see § 4 of art. XII, Colo. Const.

1-4-502. Methods of nomination for partisan candidates.

1. Except as otherwise provided in paragraphs (b) and (c) of subsection (3) of this section, nominations for United States senator, representative in congress, governor, lieutenant governor, secretary of state, state treasurer, attorney general, member of the state board of education, regent of the university of Colorado, member of the general assembly, district attorney, and all county officers to be elected at the general election may be made by primary election under section 1-4-101 or by assembly or convention under section 1-4-702 by major political parties, by petition for nomination as provided in section 1-4-802, or by a minor political party as provided in section 1-4-1304.
2. Nominations for presidential electors to be elected at the general election and for candidates to fill vacancies to unexpired terms of representatives in congress to be elected at a congressional vacancy election may be made by a convention of a political party, or by a committee authorized by the convention, or by petition for nomination of an unaffiliated candidate as provided in parts 8 and 9 of this article.
3. For general elections:
   1. The nomination of a major political party for lieutenant governor shall be made by the party's candidate for governor. No later than seven days after the official statewide election results for the primary election are certified pursuant to section 1-10-105 (1), the party's candidate for governor shall select a candidate for lieutenant governor and shall file a written nomination of the candidate with the secretary of state. Other nominations for the office of lieutenant governor may be made by petition for nomination of an unaffiliated candidate as provided in section 1-4-802 or by a minor political party as provided in section 1-4-1304 (2).
   2. No person shall be eligible for a major political party nomination for lieutenant governor unless such person is a registered elector and has been affiliated with the major political party making the nomination, as shown in the record books of the county clerk and recorder, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.
   3. Any person nominated as the candidate for lieutenant governor of a major political party pursuant to subsection (3)(a) of this section shall file a written acceptance with the secretary of state by mail or hand delivery. The written acceptance must be postmarked or received by the secretary of state within thirty days after the nomination. If an acceptance is not filed within the required time, the candidate is deemed to have declined the nomination, and the nomination must be treated as a vacancy to be filled as provided in part 10 of this article 4.

Source: L. 92: Entire part R&RE, p. 677, § 5, effective January 1, 1993. L. 95: Entire section amended, p. 860, § 115, effective July 1. L. 98: (1) amended, p. 256, § 6, effective April 13. L. 2000: (1) amended and (3) added, p. 2027, § 2, effective August 2. L. 2003: (1) amended, p. 1309, § 6, effective April 22. L. 2010: (3)(b) amended, (HB 10-1271), ch. 324, p. 1501, § 2, effective May 27. Initiated 2016: (1) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2823 . L. 2017: IP(3) and (3)(c) amended, (SB 17-209), ch. 234, p. 962, § 7, effective August 9. L. 2019: (3)(a) and (3)(c) amended, (HB 19-1278), ch. 326, p. 3010, § 16, effective August 2. L. 2021: (3)(a) amended, (SB 21-250), ch. 282, p. 1639, § 14, effective June 21.

1-4-503. Method of nomination for nonpartisan candidates.

Nominations for all elected nonpartisan local government officials must be by petition for nomination as provided in part 8 of this article.

Source: L. 92: Entire part R&RE, p. 678, § 5, effective January 1, 1993. L. 99: Entire section amended, p. 450, § 4, effective August 4. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 72, § 36, effective February 18.

Editor's note: This section is similar to former §§ 1-4-502 and 1-4-801 as they existed prior to 1992.

Cross references: (1) For filing of petitions and certificates of designation of assembly, see § 1-4-604.

(2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

1-4-504. Documents are public records.

All certificates of designation, petitions, certificates of nomination, acceptances, declinations, and withdrawals are public records as soon as they are filed and are open to public inspection under proper regulation. When a copy of any document is presented at the time the original is filed or at any time thereafter and a request is made to have a copy compared and certified, the officer with whom the document is filed shall forthwith compare the copy with the original on file and, if necessary, correct the copy and certify and deliver the copy to the person who presented it upon the payment in advance of the copy and certification charge. All filed documents shall be preserved pursuant to section 1-7-802, unless otherwise ordered or restrained by some court.

Source: L. 92: Entire part R&RE, p. 678, § 5, effective January 1, 1993.

Editor's note: This section is similar to former § 1-4-503 as it existed prior to 1992.

Cross references: For statutes pertaining to public records generally, see article 72 of title 24; for filing of petitions and certificates of designation of assembly, see § 1-4-604.

1-4-601. Designation of candidates for primary election - definition.

1. 1. Assemblies of the major political parties may make assembly designations of candidates for nomination on the primary election ballot. Except as provided in subsection (1)(b) of this section, an assembly shall be held no later than seventy-three days preceding the primary election.
   2. Repealed.

   (1.5) To be named as a candidate for designation by assembly, a person must provide notice as follows no less than thirty days before the assembly, unless otherwise provided by party rules:

   1. A person seeking designation by a county assembly must provide notice to the county chair;
   2. A person seeking designation by a multi-county district assembly must provide notice to the multi-county district chair and the state chair; and
   3. A person seeking designation by the state assembly must provide notice to the state chair.
2. 1. An assembly must take no more than two ballots for party candidates for each office to be filled at the next general election. Every candidate receiving thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting on that office must be certified by affidavit of the presiding officer and secretary of the assembly. If no candidate receives thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting, a second ballot must be cast on all the candidates for that office. If on the second ballot no candidate receives thirty percent or more of the votes cast, the two candidates receiving the highest number of votes must be certified as candidates for that office by the assembly. The certificate of designation by assembly must state the name of the office for which each person is a candidate and the candidate's name and address, must designate in not more than three words the name of the political party which the candidate represents, and must certify that the candidate has been a member of the political party for the period of time required by party rule or by subsection (4) of this section if the party has no such rule. The candidate's affiliation, as shown in the statewide voter registration system, is prima facie evidence of political party membership. The certificate of designation must indicate the order of the vote received at the assembly by candidates for each office, but no assembly shall declare that any one candidate has received the nomination of the assembly. The certificate of designation must be filed in accordance with section 1-4-604. If two or more candidates receiving designation under this subsection (2) have received an equal number of votes, the order of certification of designation is determined by lot by the candidates. The assembly shall select a vacancy committee for vacancies in designation or nomination only.
   2. Repealed.
   3. Notwithstanding any provision to the contrary, a delegate may participate in the assembly remotely, including casting the delegate's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.
3. 1. Except as provided in paragraph (b) of this subsection (3), no later than four days after the adjournment of the assembly, each candidate designated by assembly shall file a written acceptance with the officer with whom the certificate of designation is filed. This acceptance may be transmitted by facsimile transmission. If the acceptance is transmitted by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the adjournment of the assembly. The acceptance shall state the candidate's name in the form in which it is to appear on the ballot. The name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the designation; except that the candidate shall not be deemed to have declined the designation and shall be included on the primary ballot if late filing of an acceptance is caused by the failure to timely file a certificate of designation or the failure to file such acceptance with such certificate of designation, as required by section 1-4-604 (1)(a).
   2. The written acceptance of a candidate nominated by assembly for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office shall be filed by the presiding officer or secretary of such assembly with the certificate of designation of such assembly, as required by section 1-4-604 (1)(a). Nothing in this paragraph (b) shall prohibit a candidate from filing an acceptance of nomination directly with the officer with whom the certificate of designation is filed following written notice of such filing by the candidate to the presiding officer of the political party holding such assembly.
4. 1. No person is eligible for designation by assembly as a candidate for nomination at any primary election unless the person was affiliated with the political party holding the assembly, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the primary election, unless otherwise provided by party rules.
   2. Repealed.
5. As used in this section, "political party" means a major political party as defined in section 1-1-104 (22).

Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981. L. 81: (1) and (3) amended, p. 310, § 1, effective March 27. L. 83: (2) amended, p. 352, § 16, effective July 1. L. 87: (2) amended, p. 286, § 8, effective June 26. L. 88: (4) amended, p. 294, § 3, effective May 29. L. 89: (4)(b) repealed, p. 314, § 3, effective April 12; (1) and (2) amended, p. 302, § 7, effective May 9. L. 92: Entire part amended, p. 678, § 6, effective January 1, 1993. L. 94: (4)(a) amended, p. 1153, § 13, effective July 1. L. 98: (5) added, p. 257, § 7, effective April 13. L. 99: (3) amended, p. 285, § 1, effective April 13; (1) and (3) amended, p. 762, § 20, effective May 20; (2) amended, p. 160, § 9, effective August 4. L. 2005: (1) amended, p. 1398, § 14, effective June 6; (1) amended, p. 1433, § 14, effective June 6. L. 2010: (2) and (4)(a) amended, (HB 10-1271), ch. 324, p. 1502, § 3, effective May 27. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, § 7, effective May 27. L. 2012: (3)(a) amended, (HB 12-1292), ch. 181, p. 679, § 11, effective May 17. L. 2016: (2) and (4)(a) amended, (SB 16-142), ch. 173, p. 575, § 28, effective May 18. L. 2020: (1) and (2) amended, (HB 20-1359), ch. 23, p. 83, § 3, effective March 16. L. 2021: (1.5) and (2)(c) added, (SB 21-250), ch. 282, p. 1639, § 15, effective June 21.

1-4-602. Delegates to party assemblies - definition.

1. 1. 1. Except as provided in subsection (1)(a)(IV) of this section, county assemblies must be held no later than twenty-one days after precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee's bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate must be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee's bylaws or rules. (1) (a) (I) Except as provided in subsection (1)(a)(IV) of this section, county assemblies must be held no later than twenty-one days after precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee's bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate must be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee's bylaws or rules.
      2. and (III) Repealed.

         (IV) If allowed by the party's rules, a county assembly may be held on the same day as precinct caucuses on a date allowed pursuant to section 1-3-102 (1)(a)(I). The county central committee or executive committee shall notify the secretary of state and the clerk and recorder of each county of the decision on or before January 2 of the year in which the election will be held.

   2. In determining the number of delegates from precincts which have been created or split since the previous general election, the county central committee or executive committee may allocate delegates based on the number of registered voters affiliated with the political party, pursuant to the state party central committee's bylaws or rules.
2. 1. In each state senatorial and representative district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial and representative district assemblies.
   2. In each state senatorial and representative district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial and representative district assemblies shall be apportioned among the counties by the party's senatorial or representative central committee according to the vote in the county or portion of a county for that party's candidate for governor or president in the last general election, pursuant to the state party central committee's bylaws or rules.
3. All questions regarding the qualifications of any delegate or the conduct of any precinct caucus at which the delegates were voted on shall be determined by the credentials committees of the respective party county, representative, and senatorial assemblies.
4. 1. All places established for holding precinct caucuses shall be designated by a sign conspicuously posted no later than twelve days before the precinct caucuses. The sign shall be substantially in the following form: "Precinct caucus place for precinct no. ......" The lettering on the sign and the precinct number shall be black on a white background with all letters and numerals at least four inches in height. Any precinct caucus subsequently removed and held in a place other than the place stated on the sign is null and void.
   2. Repealed.
5. As used in this section, "delegate" means a person who is a registered elector, has been a resident of the precinct for twenty-two days prior to the caucus, and has been affiliated with the political party holding the caucus for at least twenty-two days, as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years during the twenty-two days immediately preceding the caucus or any registered elector who has become a naturalized citizen during the twenty-two days immediately preceding the caucus may be a delegate even though the elector has been affiliated with the political party for less than twenty-two days as shown in the statewide voter registration system. A delegate who moves from the precinct where registered during the twenty-one days prior to any caucus is ineligible to serve as a delegate from that precinct.
6. In each state senatorial and representative district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial or representative district shall also serve as delegates to the senatorial and representative district assemblies if the senatorial or representative district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee's bylaws or rules. As a part of the resolution, the senatorial or representative central committee may determine the total number of delegate votes to be cast at the senatorial or representative district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county.
7. Notwithstanding any provision to the contrary, a participant at a county assembly may participate remotely, including casting the participant's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.

Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981. L. 82: (5) amended, p. 217, § 2, effective February 19. L. 85: (1) amended, p. 256, § 8, effective May 31; (1) amended, p. 248, § 5, effective July 1. L. 91: (5) amended, p. 620, § 34, effective May 1. L. 92: Entire part amended, p. 679, § 6, effective January 1, 1993. L. 94: (5) amended, p. 1768, § 24, effective January 1, 1995. L. 95: (5) amended, p. 830, § 28, effective July 1. L. 96: (1), (2)(b), and (6) amended, p. 1738, § 20, effective July 1. L. 98: (1) amended, p. 633, § 5, effective May 6. L. 99: (1)(a), (4), and (5) amended, p. 763, § 21, effective May 20; (1)(a) amended, p. 100, § 2, effective August 4. L. 2002: (1)(a) and (4) amended, p. 133, § 4, effective March 27. L. 2005: (1)(a)(I) amended, p. 1398, § 15, effective June 6; (1)(a)(I) amended, p. 1433, § 15, effective June 6. L. 2007: (1)(a)(I) amended, p. 1989, § 4, effective August 3. L. 2011: (1)(a)(I) amended, (SB 11-189), ch. 243, p. 1063, § 8, effective May 27. L. 2016: (5) amended, (SB 16-142), ch. 173, p. 576, § 29, effective May 18. L. 2019: (5) amended, (HB 19-1278), ch. 326, p. 3010, § 17, effective August 2. L. 2020: (1)(a)(I) amended and (1)(a)(III) added, (HB 20-1359), ch. 23, p. 84, § 4, effective March 16. L. 2021: (1)(a)(I) amended and (1)(a)(IV) and (7) added, (SB 21-250), ch. 282, p. 1639, § 16, effective June 21.

1-4-603. Designation of major political party candidates by petition.

Candidates for major political party nominations for the offices specified in section 1-4-502 (1) that are to be made by primary election may be placed on the primary election ballot by petition, as provided in part 8 of this article.

Source: L. 80: Entire article R&RE, p. 328, § 1, effective January 1, 1981. L. 83: (3), (6), and (8) amended, p. 353, § 17, effective July 1. L. 85: (2)(a), (2)(b), (3), (4), and (8) amended and (2)(d) added, p. 257, § 9, effective May 31. L. 88: (2)(a) and (2)(b) amended, p. 297, § 2, effective January 1, 1989. L. 89: (3) amended and (5.5) and (9) added, p. 302, § 8, effective May 9. L. 91: (2) amended, p. 621, § 35, effective May 1. L. 92: Entire part amended, p. 681, § 6, effective January 1, 1993. L. 98: Entire section amended, p. 257, § 8, effective April 13. L. 2000: Entire section amended, p. 2028, § 3, effective August 2.

Editor's note: This section is similar to former § 1-14-207 as it existed prior to 1980.

1-4-604. Filing of petitions and certificates of designation by assembly - legislative declaration.

1. 1. Every petition or certificate of designation by assembly in the case of a candidate for nomination for any national or state office specified in section 1-4-502 (1), or for member of the general assembly, district attorney, or district office greater than a county office, together with the written acceptances signed by the persons designated or nominated by such assembly described in section 1-4-601 (3), shall be filed by the presiding officer or secretary of such assembly and received in the office of the secretary of state.
   2. A copy of each such certificate of designation shall be transmitted by the presiding officer or secretary of each assembly to the state central committee of the political party holding such assembly within three days after the adjournment of such assembly.
2. Every petition or certificate of designation by assembly in the case of a candidate for nomination for any elective office other than the offices specified in paragraph (a) of subsection (1) of this section shall be filed in the office of the county clerk and recorder of the county where the person is a candidate.
3. Certificates of designation by assembly shall be filed no later than four days after the adjournment of the assembly. Certificates of designation may be transmitted by facsimile transmission; however, the original certificate must also be filed and postmarked no later than ten days after the adjournment of the assembly.
4. (Deleted by amendment, L. 99, p. 764 , § 22, effective May 20, 1999.)
5. Late filing of the certificate of designation shall not deprive candidates of their candidacy.
6. 1. 1. Except as provided in subsection (6)(a)(II) of this section, no later than four days after the adjournment of the assembly, the state central committee of each political party, utilizing the information described in subsection (1)(b) of this section, shall file with the secretary of state a compilation of the certificates of designation of each assembly that nominated candidates for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office. Such a compilation of certificates of designation may be transmitted by facsimile transmission; however, the original compilation must also be filed and postmarked no later than ten days after the adjournment of the assembly. (6) (a) (I) Except as provided in subsection (6)(a)(II) of this section, no later than four days after the adjournment of the assembly, the state central committee of each political party, utilizing the information described in subsection (1)(b) of this section, shall file with the secretary of state a compilation of the certificates of designation of each assembly that nominated candidates for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office. Such a compilation of certificates of designation may be transmitted by facsimile transmission; however, the original compilation must also be filed and postmarked no later than ten days after the adjournment of the assembly.
      2. Repealed.
   2. The secretary of state shall compare such party compilation of certificates of designation with the certificates of designation filed by each such assembly with the secretary of state's office pursuant to paragraph (a) of subsection (1) of this section. In the event that a certificate of designation appearing on such party compilation has not been filed pursuant to paragraph (a) of subsection (1) of this section, the secretary of state shall notify the state central committee of such party not less than fifty-seven days before the primary election of an assembly's failure to file such certificate of designation.
   3. A state central committee that receives notification pursuant to paragraph (b) of this subsection (6) shall file, or direct the presiding officer of the assembly to file, the certificate of designation, together with any written acceptances, not less than fifty-six days before the primary election.
   4. The general assembly hereby finds and declares that it is beneficial to improve the procedure and timeliness for communicating the designation of candidates for the primary election ballot by political party assemblies between the officers of such assemblies, the state central committee of each political party, and the secretary of state. The general assembly further finds that prescribing certain additional review processes for the documentation evidencing designations and nominations of candidates that are not onerous will serve to minimize the likelihood of a candidate being deprived of his or her candidacy and of an erroneous primary election ballot. The general assembly further encourages the responsible officials to engage in the enhanced communication and review described in this subsection (6) well in advance of statutorily prescribed deadlines or ballot certification dates, if possible, in order to maximize the time for giving notice and resolving any issues that may arise from the primary ballot nomination process.

Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 81: Entire section amended, p. 310, § 2, effective March 27. L. 87: Entire section amended, p. 287, § 9, effective June 26. L. 89: Entire section amended, p. 303, § 9, effective May 9. L. 92: Entire part amended, p. 682, § 6, effective January 1, 1993. L. 99: Entire section amended, p. 286, § 2, effective April 13; entire section amended, p. 764, § 22, effective May 20. L. 2000: (1)(a) amended, p. 2028, § 4, effective August 2. L. 2020: (6)(a) amended, (HB 20-1359), ch. 23, p. 85, § 5, effective March 16.

1-4-605. Order of names on primary ballot.

Candidates designated and certified by assembly for a particular office shall be placed on the primary election ballot in the order of the vote received at the assembly. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote, and so on until all of the candidates designated have been placed on the ballot. The names of two or more candidates receiving an equal number of votes for designation by assembly shall be placed on the primary ballot in the order determined by lot in accordance with section 1-4-601 (2). Candidates by petition for any particular office shall follow assembly candidates and shall be placed on the primary election ballot in an order established by lot.

Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 85: Entire section amended, p. 258, § 10, effective May 31. L. 92: Entire part amended, p. 683, § 6, effective January 1, 1993.

Editor's note: This section is similar to former § 1-14-209 as it existed prior to 1980.

1-4-701. Party nominations to be made by convention.

1. Any convention of delegates of a political party or any committee authorized by resolution of the convention may nominate candidates for vacancies to unexpired terms of representatives in congress and for presidential electors and also may select delegates to national political conventions.
2. 1. The certificate of nomination shall contain the name of the office for which each person is nominated and the person's name and address and shall designate, in not more than three words, the political party which the convention or committee represents.
   2. No certificate of nomination shall contain the names of more candidates for any office than there are offices to fill. If any certificate does contain the names of more candidates than there are offices to fill, only those names which come first in order on the certificate and are equally numbered with the number of offices to be filled shall be taken as nominated. No person shall sign more than one certificate of nomination for any office.
   3. When the nomination is made by a committee, the certificate of nomination shall also contain a copy of the resolution passed at the convention which authorized the committee to make the nomination.
   4. In the case of presidential electors, the names of the candidates for president and vice president may be added to the name of the political party in the certificate of nomination.
3. Certificates of nomination shall be received and filed with the secretary of state no later than sixty days before the general or congressional vacancy election.
4. Any person nominated in accordance with this section by any of the major political parties shall be deemed to have accepted the nomination unless the candidate files with the secretary of state a written declination of the nomination no later than four days after the adjournment of the convention. The declination may be transmitted by facsimile transmission no later than four days after the adjournment of the convention. If the declination is transmitted by facsimile transmission, the original declination must also be filed and postmarked no later than ten days after the adjournment of the convention.

Source: L. 80: Entire article R&RE, p. 329, § 1, effective January 1, 1981. L. 85: (3) amended, p. 248, § 6, effective July 1. L. 88: (4) amended, p. 1429, § 1, effective June 11. L. 92: Entire part amended, p. 683, § 6, effective January 1, 1993. L. 99: (3) and (4) amended, p. 764, § 23, effective May 20. L. 2012: (4) amended, (HB 12-1292), ch. 181, p. 680, § 12, effective May 17.

Editor's note: The provisions of this section are similar to several former provisions of § 1-14-107 as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For methods of nomination, see §§ 1-4-502 and 1-4-503; for objections to nominations, see § 1-4-909.

1-4-702. Nominations of candidates for general election by convention.

1. Notwithstanding any other provision of law, a political party may choose to change from the nomination of candidates by primary election to the nomination of candidates by assembly or convention for all offices including, but not limited to, united states senator, representative in congress, all elective state, district, and county officers, and members of the general assembly if at least three-fourths of the total membership of the party's state central committee votes to use the assembly or convention nomination process; except that nominations by major political parties for candidates for lieutenant governor shall be made by the party's candidate for governor pursuant to section 1-4-502 (3). Such vote of the party central committee shall occur no later than October 1 of the year preceding the year in which an assembly or convention nominating process is to be used.
2. A political party nominating candidates by party assembly or convention shall nominate the candidates of the party and make such nominations public not later than seventy-five days before the general election.
3. Whichever method of candidate selection is chosen by a major political party as between primary election, assembly or convention, all of the candidates for that party at any level of office in that election year must be selected by such method, except that the requirements of this provision shall not apply to a primary for president of the united states if such an election is held.

Source: Initiated 2016: Entire section added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2823 .

Editor's note: 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

Cross references: For the declaration of the people of Colorado in Proposition 108, see section 1 on p. 2822, Session Laws of Colorado 2017.

1-4-801. Designation of party candidates by petition.

1. Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office.
2. The signature requirements for the petition are as follows:
   1. Every petition in the case of a candidate for any county office must be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. Except as otherwise provided in subsection (2)(e) of this section, the petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the political subdivision at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office. Notwithstanding any other provision of law, an unaffiliated elector is not eligible to sign a petition for a candidate of a major political party.
   2. Every petition in the case of a candidate for a member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand five hundred signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
   3. Every petition in the case of a candidate for member of the general assembly or any district office greater than a county office must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal to thirty percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
   4. Every petition in the case of a candidate for the office of district attorney must be signed by eligible electors resident within the district for which the officer is to be elected. The petition requires the lesser of one thousand signers or signers equal in number to ten percent of the votes cast in the district at the contested or uncontested primary election for the political party's candidate for the office for which the petition is being circulated or, if there was no primary election, at the last preceding general election for which there was a candidate for the office.
   5. 1. Repealed.
      2. Every petition in the case of a candidate for the office of governor or the office of United States senator must be signed by at least one thousand five hundred eligible electors in each congressional district.
   6. Every petition in the case of a candidate for the office of secretary of state, attorney general, or state treasurer must be signed by at least one thousand eligible electors in each congressional district.
   7. Every petition in the case of a candidate for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado must be signed by at least five hundred eligible electors in each congressional district.
   8. (Deleted by amendment, L. 93, p. 1405 , § 29, effective July 1, 1993.)
   9. Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5 , C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7 , C.R.S., for the next two primary elections immediately following an election at which the voters have approved the change in the membership of the board, the signature requirements for the petition are as follows:
      1. Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to twenty percent of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in each county commissioner district that held a primary election in either of those elections. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot.
      2. Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, the determination of the required number of signers must begin with a calculation of the average of all votes cast in each commissioner district in the county during the prior two contested or uncontested primary elections for the political party's candidates in the county commissioner districts that held a primary election in either of those elections. Upon a determination of the average, that number must then be divided by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five. After completing this calculation, every petition must require signers equal in number to twenty percent of the number realized. If no primary election was held in either year, the calculation must be based on the most recent preceding general election for which the party had a candidate on the ballot, and every petition must require signers equal in number to the following calculation:
         1. Twenty percent of the average of all votes cast for the political party's candidates for commissioner in each commissioner district in which the party had a candidate on the ballot; and
         2. Divide the number found in sub-subparagraph (A) of this subparagraph (II) by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in the district, whether three or five.
   10. Following the first two primary elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7 , C.R.S., in accordance with the requirements of paragraph (e) of this subsection (2), the signature requirements for a petition for a county commissioner candidate who is affiliated with a major political party must follow the procedures specified in paragraph (a) of this subsection (2).
3. No person shall be placed in nomination by petition on behalf of any political party unless the person was affiliated with the political party, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the election for which the person desires to be placed in nomination.
4. No person who attempted and failed to receive at least ten percent of the votes for the nomination of a political party assembly for a particular office shall be placed in nomination by petition on behalf of the political party for the same office.
5. 1. Party petitions shall not be circulated nor any signatures be obtained prior to the third Tuesday in January. Petitions must be filed no later than the close of business on the third Tuesday in March.
   2. Repealed.
6. A candidate for a presidential primary election shall not begin circulating petitions before the first Monday in November of the year preceding the year in which the presidential primary election is held. A candidate must file a petition no later than the close of business on the eighty-fifth day before the date of the presidential primary election.

Source: L. 92: Entire part R&RE, p. 684, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1405, § 29, effective July 1. L. 98: (2)(a) to (2)(c) amended, p. 634, § 6, effective May 6. L. 99: (5) amended, p. 764, § 24, effective May 20. L. 2000: (1) amended, p. 2029, § 5, effective August 2. L. 2005: (5) amended, p. 1399, § 16, effective June 6; (5) amended, p. 1434, § 16, effective June 6. L. 2010: (3) amended, (HB 10-1271), ch. 324, p. 1502, § 4, effective May 27. L. 2011: (5) amended, (SB 11-189), ch. 243, p. 1064, § 9, effective May 27. L. 2013: (2)(a) amended and (2)(e) and (2)(f) added, (SB 13-243), ch. 268, p. 1410, § 1, effective May 24. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 576, § 30, effective May 18. Initiated 2016: (6) added, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2820 . L. 2017: (5) amended, (SB 17-209), ch. 234, p. 946, § 2, effective August 9. L. 2018: (2)(a) amended, (SB 18-233), ch. 262, p. 1607, § 10, effective May 29. L. 2019: (2)(a), (2)(b), (2)(c)(II), and (6) amended and (2)(a.5), (2)(b.5), (2)(c.5), and (2)(c.7) added, (HB 19-1278), ch. 326, p. 3011, § 18, effective August 2. L. 2020: (5) amended, (HB 20-1359), ch. 23, p. 85, § 6, effective March 16. L. 2021: (5)(a) and (6) amended, (SB 21-250), ch. 282, p. 1640, § 17, effective June 21.

1-4-802. Petitions for nominating minor political party and unaffiliated candidates for a partisan office.

1. Candidates for partisan public offices to be filled at a general or congressional vacancy election who do not wish to affiliate with a major political party may be nominated, other than by a primary election or a convention, in the following manner:
   1. A petition for nominating minor political party or unaffiliated candidates shall be prepared, indicating the name and address of any candidate for the office to be filled. The petition shall indicate the name of the minor political party or designate in not more than three words the political or other name selected by the signers to identify an unaffiliated candidate. No name of any political party shall be used, in whole or in part, to identify an unaffiliated candidate.
   2. Each petition must contain only the name of one candidate for one office; except that any petition for a candidate for president of the United States must also include a candidate for vice president, and a candidate for governor must also include a candidate for lieutenant governor, and together they shall be considered joint candidates at the general election. In the case of nominations for president and vice president of the United States, the joint candidates shall submit a list of presidential electors endorsed by the electors, and the names of the presidential electors must be added to the petition.
   3. Every petition for the office of president and vice president, for statewide office, for congressional district office, for the office of member of the general assembly, for district attorney, and for county office must be signed by eligible electors residing within the district or political subdivision in which the officer is to be elected. Except as otherwise provided in subsection (2) of this section, the number of signatures of eligible electors on a petition is as follows:
      1. At least one thousand five hundred in each congressional district for the office of president and vice president;
      2. 1. At least one thousand in each congressional district for the offices of governor, secretary of state, attorney general, or treasurer, or the office of United States senator;
         2. At least five hundred in each congressional district for the office of an at-large seat on either the state board of education or the board of regents of the university of Colorado;
      3. The lesser of one thousand five hundred or two and one-half percent of the votes cast in the congressional district in the most recent general election for the office of member of the United States house of representatives, member of the state board of education for a congressional district, or member of the board of regents of the university of Colorado for a congressional district;
      4. The lesser of one thousand or three and one-third percent of the votes cast in the senate district in the most recent general election for the office of member of the state senate;
      5. The lesser of one thousand or five percent of votes cast in the house district in the most recent general election for the office of member of the state house of representatives;
      6. The lesser of one thousand or three percent of the votes cast in the district in the most recent general election for the office of district attorney; and
      7. The lesser of one thousand or two percent of the votes cast for all candidates for that office in the most recent general election for any county office.
   4. 1. No petition to nominate an unaffiliated candidate, except petitions for candidates for vacancies to unexpired terms of representatives in congress and for presidential electors, shall be circulated or any signatures obtained thereon earlier than one hundred seventy-three days before the general election.
      2. No petition to nominate a minor political party candidate shall be circulated nor any signatures obtained thereon earlier than the first Monday in February in the general election year.
   5. The petition to nominate an unaffiliated candidate may designate or appoint upon its face one or more unaffiliated registered electors as a committee to fill vacancies in accordance with section 1-4-1008. However, in the case of a petition for the office of state senator or state representative, the petition shall designate or appoint upon its face three or more unaffiliated registered electors as a committee to fill vacancies in accordance with sections 1-4-1008 and 1-12-203.
   6. 1. Except as provided by subparagraph (II) of this paragraph (f), petitions shall be filed no later than 3 p.m. on the one hundred seventeenth day before the general election or, for a congressional vacancy election, no later than 3 p.m. on the twentieth day after the date of the order issued by the governor.
      2. Petitions to nominate candidates of minor political parties must be filed no later than the close of business on the eighty-fifth day before the primary election as specified in section 1-4-101.
   7. 1. For congressional vacancy elections, no person shall be placed in nomination by petition unless the person is an eligible elector and was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, for at least twelve months prior to the last date the petition may be filed.
      2. For general elections, no person shall be placed in nomination by petition unless the person is an eligible elector of the political subdivision or district in which the officer is to be elected and unless the person was registered as affiliated with a minor political party or as unaffiliated, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person desires to be placed in nomination; except that, if such nomination is for a nonpartisan election, the person shall be an eligible elector of the political subdivision or district and be a registered elector, as shown in the statewide voter registration system, on the date of the earliest signature on the petition.
2. Where the electors of the county have voted to increase the membership of the board of county commissioners from three to five pursuant to section 30-10-306.5, C.R.S., or to decrease the membership of the board from five to three pursuant to section 30-10-306.7, C.R.S., for the next two general elections immediately following an election at which the voters have approved a change in the membership of the board, the signature requirements for the petition to select candidates who do not wish to affiliate with a major political party are as follows:
   1. Where any one or more commissioners to be elected to the board of county commissioners will be voted on by voters of the whole county, every petition must require signers equal in number to the lesser of either seven hundred fifty signers or two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election;
   2. Where any one or more commissioners to be elected to the board of county commissioners will be voted on only by the electors residing in a particular county commissioner district, every petition must require signers equal in number to the lesser of either:
      1. Seven hundred fifty signers; or
      2. The number realized by first determining two percent of the average of all votes cast in each county commissioner district for which there was a race on the ballot during the most recent general election, and then dividing that number by the total number of commissioner districts in the county where commissioners are voted on only by the electors residing in a district, whether three or five.
3. Following the first two general elections that are conducted after a change in the membership of the board of county commissioners pursuant to section 30-10-306.5 or 30-10-306.7, C.R.S., the signature requirements for a petition for a county commissioner candidate who does not wish to affiliate with a major political party must follow the procedures specified in subparagraph (VI) of paragraph (c) of subsection (1) of this section.

Source: L. 92: Entire part R&RE, p. 685, § 7, effective January 1, 1993. L. 95: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (1)(g) amended, pp. 861, 885, 830, §§ 116, 2, 29, effective July 1. L. 96: IP(1) amended, p. 1739, § 21, effective July 1. L. 99: (1)(d) and (1)(f) amended, p. 764, § 25, effective May 20. L. 2003: IP(1), (1)(a), (1)(d), (1)(e), (1)(f), and (1)(g) amended, p. 1310, § 7, effective April 22. L. 2005: (1)(d) and (1)(f) amended, p. 1399, § 17, effective June 6; (1)(d) and (1)(f) amended, p. 1434, § 17, effective June 6. L. 2010: (1)(g) amended, (HB 10-1271), ch. 324, p. 1503, § 5, effective May 27. L. 2011: (1)(d) and (1)(f) amended, (SB 11-189), ch. 243, p. 1064, § 10, effective May 27. L. 2012: (1)(b), (1)(d)(I), and (1)(f)(I) amended, (HB 12-1292), ch. 181, p. 680, § 13, effective May 17. L. 2013: IP(1)(c) amended and (2) and (3) added, (SB 13-243), ch. 268, p. 1411, § 2, effective May 24. L. 2016: (1)(g) amended, (SB 16-142), ch. 173, p. 576, § 31, effective May 18. L. 2017: (1)(e) amended, (SB 17-209), ch. 234, p. 962, § 8, effective August 9. L. 2019: (1)(c) amended, (HB 19-1278), ch. 326, p. 3012, § 19, effective August 2. L. 2021: (1)(b) and (1)(f)(II) amended, (SB 21-250), ch. 282, p. 1640, § 18, effective June 21.

1-4-803. Petitions for nominating school district directors.

1. 1. Any person who desires to be a candidate for the office of school director in a school district in which fewer than one thousand students are enrolled shall file a nomination petition signed by at least twenty-five eligible electors from throughout the school district, regardless of the school district's plan of representation. Any person who desires to be a candidate for the office of school director in a school district in which one thousand students or more are enrolled shall file a nomination petition signed by at least fifty eligible electors from throughout the school district, regardless of the school district's plan of representation. An eligible elector may sign as many petitions as candidates for whom that elector may vote.
   2. A person who desires to be a candidate for the office of school director may not circulate the nomination petition for signatures prior to ninety days before the election.
   3. The petition may designate or appoint on its face one or more eligible electors as a committee to fill vacancies in the nomination.
2. The nomination petition must be filed no later than sixty-seven days before the election date.
3. If a school district has an at-large method of representation and if terms of different lengths are to be filled at a district election, candidates must designate on the nomination petition the term for which they are running.
4. A candidate for the office of school director shall not run as a candidate of any political party for that school directorship.
5. The candidate for the office of school director shall have been a registered elector of the school district, as shown on the books of the county clerk and recorder, for at least twelve consecutive months prior to the date of the election.

Source: L. 92: Entire part R&RE, p. 686, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1406, § 30, effective July 1. L. 94: (1) amended, p. 1153, § 14, effective July 1. L. 95: (1) amended, p. 831, § 30, effective July 1. L. 98: (5) amended, p. 291, § 2, effective July 1. L. 99: (1) amended, p. 468, § 1, effective April 30; (2) amended, p. 765, § 26, effective May 20. L. 2006: (1) and (5) amended, p. 1024, § 6, effective May 25. L. 2017: (1)(c) added, (SB 17-209), ch. 234, p. 947, § 3, effective August 9.

1-4-804. Petitions for nominating nonpartisan special district directors. (Repealed)

Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: Entire section amended, p. 1406, § 31, effective July 1. L. 94: (1) amended and (3) added, p. 1153, § 15, effective July 1. L. 96: (4) added, p. 1740, § 22, effective July 1. L. 99: Entire section repealed, p. 450, § 5, effective August 4.

1-4-805. Petitions for nominating municipal candidates in coordinated elections.

Any person who desires to be a candidate for a municipal office in a coordinated election shall, in lieu of the requirements of this article, comply with the nominating petition procedure set forth in the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.; except that part 11 of this article, concerning write-in candidate affidavits, shall apply in such municipal elections, and any nominating petition may be circulated and signed beginning on the ninety-first day prior to the election and shall be filed with the municipal clerk no later than the seventy-first day prior to the date of 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 the municipal election code at any time before the sixty-seventh day before the election.

Source: L. 93: Entire section added, p. 1406, § 32, effective July 1. L. 95: Entire section amended, p. 831, § 31, effective July 1. L. 96: Entire section amended, p. 1740, § 23, effective July 1. L. 99: Entire section amended, p. 765, § 27, effective May 20. L. 2004: Entire section amended, p. 1522, § 1, effective May 28.

1-4-806. Preregistrants eligible to sign petitions.

A preregistrant who is eligible to vote in a primary election under section 1-2-101 (2)(c) is eligible to sign a petition under this part 8 to nominate a candidate for the primary election or for the next general election.

Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3013, § 20, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-901. Designation of petition.

1. The petition for a candidate may consist of one or more sheets, to be fastened together in the form of one petition section, but each sheet shall contain the same heading and each petition section shall contain one sworn affidavit of the circulator. Except for the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor, no petition shall contain the name of more than one person for the same office.
2. Repealed.

Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: (2) amended, p. 1406, § 33, effective July 1. L. 95: (2) amended, p. 831, § 32, effective July 1. L. 96: (2) repealed, p. 1740, § 24, effective July 1. L. 2001: (1) amended, p. 1002, § 4, effective August 8. L. 2012: (1) amended, (HB 12-1292), ch. 181, p. 681, § 14, effective May 17.

Editor's note: This section is similar to former § 1-4-603 (3) as it existed prior to 1992.

Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701.

1-4-902. Form of petition.

1. The signatures to a petition need not all be appended to one paper, but no petition is legal that does not contain the requisite number of names of eligible electors whose names do not appear on any other petition previously filed for the same office under this section.
2. At the top of each page shall be printed, in bold-faced type, the following:
3. Directly following the warning in subsection (2) of this section shall be printed in bold-faced type the following:

   Petition to nominate (name of person sought to be elected to) the office of (title of office).

WARNING: IT IS AGAINST THE LAW:

For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same candidate or to knowingly sign the petition when not a registered elector. Do not sign this petition unless you are an eligible elector. To be an eligible elector you must be registered to vote and eligible to vote in (name of political subdivision) elections. Do not sign this petition unless you have read or have had read to you the proposed nomination petition in its entirety and understand its meaning.

Source: L. 92: Entire part R&RE, p. 687, § 7, effective January 1, 1993. L. 93: (3) amended, p. 1766, § 4, effective June 6. L. 95: (2) and (3) amended, p. 831, § 33, effective July 1. L. 2014: (1) amended, (SB 14-158), ch. 170, p. 622, § 12, effective May 9.

Editor's note: Subsection (1) is similar to former § 1-4-801 (1)(d) as it existed prior to 1992.

Cross references: For the legislative declaration in SB 14-158, see section 1 of chapter 170, Session Laws of Colorado 2014.

1-4-903. Approval of petition.

No petition shall be circulated until it has been approved as meeting the requirements of this section as to form. The secretary of state or the official with whom the petitions are to be filed shall approve or disapprove a petition as to form by the close of the second business day following submission of the proposed petition. The secretary of state or official, as applicable, shall mail or e-mail written notice of the action taken to the person who submitted the petition on the day the action is taken.

Source: L. 92: Entire part R&RE, p. 688, § 7, effective January 1, 1993. L. 95: Entire section amended, p. 832, § 34, effective July 1. L. 96: Entire section amended, p. 1740, § 25, effective July 1. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1641, § 19, effective June 21.

Editor's note: 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.

Cross references: For filing a certificate of designation, see § 1-4-604; for convention nominations, see § 1-4-701.

1-4-904. Signatures on the petitions.

1. Every petition shall be signed only by eligible electors.
2. 1. For petitions to nominate candidates from a major political party in a partisan election, each signer must be affiliated with the major political party named in the petition and shall state the following to the circulator: That the signer has been affiliated with the major political party named in the petition for at least twenty-two days as shown in the statewide voter registration system and that the signer has not signed any other petition for any other candidate for the same office.
   2. Petitions to nominate candidates from a minor political party or unaffiliated candidates in a partisan election may be signed by any eligible elector who has not signed any other petition for any other candidate for the same office.
3. Unless physically unable, all electors shall sign their own signature and shall print their names, their respective residence addresses, including the street number and name, the city or town, the county, and the date of signature. Each signature on a petition shall be made, to the extent possible, in black ink.
4. Any person, except a circulator, may assist an elector who is physically unable to sign the petition in completing the information on the petition as required by law. On the petition, immediately following the name of the disabled elector, the person providing assistance shall sign, provide the person's address, and state that the assistance was given to the disabled elector.

Source: L. 92: Entire part R&RE, p. 688, § 7, effective January 1, 1993. L. 93: (1) amended, p. 34, effective July 1. L. 99: (2) amended, p. 765, § 28, effective May 20. L. 2002: (2) amended, p. 1626, § 3, effective June 7. L. 2003: (2) amended, p. 1311, § 8, effective April 22. L. 2016: (2)(a) amended, (SB 16-142), ch. 173, p. 577, § 32, effective May 18. L. 2021: (2)(a) and (4) amended, (SB 21-250), ch. 282, p. 1641, § 20, effective June 21.

1-4-905. Circulators - requirements - affidavits - notarization - training.

1. A person shall not circulate a petition to nominate a candidate unless the person is a citizen of the United States and at least eighteen years of age.
2. 1. Each petition section must have attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which must include: The affiant's printed name, the address at which the affiant resides, including the street name and number, the city or town, the county, and the date of signature; a statement that the affiant has read and understands the laws governing the circulation of petitions; a statement that the affiant was a citizen of the United States and at least eighteen years of age at the time the section of the petition was circulated and signed by the listed electors; a statement that the affiant circulated the section of the petition; a statement that each signature on the petition section was affixed in the affiant's presence and is the signature of the person whose name it purports to be; a statement that to the best of the affiant's knowledge and belief each of the persons signing the petition section was, at the time of signing, an eligible elector; a statement that the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to sign the petition; a statement that the affiant understands that the affiant can be prosecuted for violating the law governing the circulation of petitions, including the requirement that the affiant truthfully completed the affidavit and that each signature thereon was affixed in the affiant's presence; and a statement that the affiant understands that failing to make himself or herself available to be deposed and to provide testimony in the event of a protest shall invalidate the petition section if it is challenged on the grounds of circulator fraud.
   2. 1. A notary public shall not notarize an affidavit required under subsection (2)(a) of this section unless:
         1. The circulator is in the physical presence of the notary public; and
         2. The circulator has dated the affidavit and fully and accurately completed all of the personal information on the affidavit required by subsection (2)(a) of this section.
      2. An affidavit that is notarized in violation of any provision of subsection (2)(b)(I) of this section is invalid.
      3. If the date signed by a circulator on an affidavit required under subsection (2)(a) of this section is different from the date signed by the notary public, the affidavit is invalid. If a notary public notarizes an affidavit that has not been dated by the circulator, the notarization date does not cure the circulator's failure to date the affidavit and the affidavit is invalid.
      4. Payment of money or other things of value to any person for the purpose of inducing the person to sign the petition.
3. The designated election official shall not accept for filing any section of a petition which does not have attached to it the notarized affidavit required by this section. Any signature added to a section of a petition after the affidavit has been executed is invalid.
4. 1. As part of any court proceeding or hearing conducted by the secretary of state or designated election official related to a protest of all or part of a petition section, the circulator of such petition section shall be required to make himself or herself available to be deposed and to testify in person, by telephone, or by any other means permitted under the Colorado rules of civil procedure. Except as set forth in subsection (4)(b) of this section, the petition section that is the subject of the protest shall be invalid if a circulator fails to comply with the requirement set forth in this subsection (4)(a) for any protest that includes an allegation of circulator fraud that is pled with particularity regarding:

      (I) Forgery of an eligible elector's signature;

      (II) Circulation of a petition section, in whole or part, by anyone other than the person who signs the affidavit attached to the petition section;

      (III) Use of a false circulator name or address in the affidavit; or

   2. Upon the finding by a district court, the secretary of state, or the designated election official that the circulator of a petition section is unable to be deposed or to testify at trial or a hearing conducted by the secretary of state or designated election official because the circulator has died, become mentally incompetent, or become medically incapacitated and physically unable to testify by any means whatsoever, the provisions of subsection (4)(a) of this section do not apply to invalidate a petition section circulated by the circulator.
5. A candidate or candidate committee shall maintain a list of the names and addresses of all circulators who circulated petition sections on behalf of the candidate, the notaries public who notarized petition sections on behalf of the candidate, and the petition section numbers that each circulator circulated and that each notary public notarized. A copy of the list shall be filed with the secretary of state or designated election official along with the petition. If a copy of the list is not filed, the secretary of state or designated election official shall prepare the list and charge the proponents a fee to cover the actual cost of the preparation. Once filed or prepared by the secretary of state or designated election official, the list is a public record for purposes of article 72 of title 24.
6. 1. A circulator who is not to be paid for circulating a petition shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.
   2. A circulator who is to be paid for circulating a petition shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.
7. The secretary of state shall develop circulator training programs for paid and volunteer circulators and shall offer the training programs in the most cost-effective manner available. A candidate, committee, or petition entity shall inform paid and volunteer circulators of the availability of these training programs as one manner of complying with the requirement set forth in the circulator's affidavit that a circulator read and understand the laws pertaining to petition circulation.

Source: L. 92: Entire part R&RE, p. 689, § 7, effective January 1, 1993. L. 98: (1) amended, p. 634, § 7, effective May 6. L. 2001: (1) amended, p. 1002, § 5, effective August 8. L. 2007: (1) and (2) amended, p. 1971, § 9, effective August 3. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 577, § 33, effective May 18. L. 2019: (1) and (2) amended and (4), (5), (6), and (7) added, (HB 19-1278), ch. 326, p. 3013, § 21, effective August 2. L. 2021: (2)(b)(I) amended, (SB 21-250), ch. 282, p. 1641, § 21, effective June 21.

1-4-905.5. Petition entities - requirements - violations - definitions.

1. As used in this section:
   1. "Candidate" has the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution.
   2. "Candidate committee" has the same meaning as set forth in section 2 (3) of article XXVIII of the state constitution.
   3. "Petition entity" means any person or committee that directly or indirectly provides payment to a circulator to circulate a petition to nominate a candidate or to recall an elected officer in accordance with article 12 of this title 1.
   4. "Recall committee" means the committee of signers described in section 1-12-108 (2)(b).
2. 1. It is unlawful for any petition entity to provide payment to a circulator to circulate a petition to nominate a candidate or to recall an elected officer without first obtaining a license from the secretary of state.
   2. 1. The secretary of state may deny a license if he or she finds that the petition entity or any of its principals have been found, in a judicial or administrative proceeding, to have authorized or knowingly permitted any of the acts set forth in subsection (2)(c) of this section, or to have knowingly contracted with a petition entity that has been found, in a judicial or administrative proceeding, to have authorized or knowingly permitted any of the acts set forth in subsection (2)(c) of this section.
      2. The secretary of state shall deny a license if no current representative of the petition entity has completed the training related to potential fraudulent activities in petition circulation as established by the secretary of state in accordance with section 1-4-905 (7).
   3. The secretary of state shall revoke a petition entity's license if, at any time after receiving a license, the petition entity is determined to no longer be in compliance with the requirements set forth in subsection (2)(b) of this section or if the petition entity authorized or knowingly permitted:
      1. Forgery of a registered elector's signature;
      2. Circulation of a petition section, in whole or part, by anyone other than the circulator who signs the affidavit attached to the petition section;
      3. Use of a false circulator name or address in the affidavit;
      4. Payment of money or other things of value to any person for the purpose of inducing the person to sign or withdraw his or her name from a petition; or
      5. A notary public's notarization of a circulator affidavit outside of the physical presence of the circulator or without the production of the required identification for notarization of a petition section.
3. 1. Whenever the secretary of state believes that a violation of this section has occurred, the secretary of state may investigate the violation. The secretary of state may also investigate possible violations of this section upon a signed complaint from any person.
   2. If the secretary of state denies, revokes, suspends, or imposes a condition on a license, the applicant or licensee is entitled to timely notice and hearing in accordance with article 4 of title 24.
   3. If, after a hearing, the secretary of state finds that an unlicensed petition entity circulated a petition in violation of this section, the secretary of state shall fine the petition entity in an amount not to exceed one hundred dollars per circulator for each day that the individual or individuals circulated petition sections on behalf of the unlicensed petition entity.
   4. If, after a hearing, the secretary of state finds that a petition entity violated a provision of subsection (2)(c) of this section or contracted with a petition entity that violated a provision of subsection (2)(c) of this section, the secretary shall revoke the entity's license for not less than ninety days or more than one hundred eighty days. Upon finding any subsequent violation of a provision of subsection (2)(c) of this section, the secretary shall revoke the petition entity's license for not less than one hundred eighty days or more than one year. The secretary shall consider all circumstances surrounding the violations in fixing the length of the revocations.
   5. If, after a hearing, the secretary of state finds that a petition entity violated the requirements of subsection (5) of this section, the secretary shall fine the petition entity in an amount not to exceed five thousand dollars.
   6. A petition entity whose license has been revoked may apply for reinstatement to be effective upon expiration of the term of revocation.
   7. In determining whether to reinstate a license, the secretary of state may consider:
      1. The entity's ownership by, employment of, or contract with any person who served as a director, officer, owner, or principal of a petition entity whose license was revoked under this section or section 1-40-135, the role of such individual in the facts underlying the prior license revocation, and the role of such individual in a petition entity's post-revocation activities; and
      2. Any other facts the entity chooses to present to the secretary, including but not limited to remedial steps, if any, that have been implemented to avoid future acts that would violate this article 4 or article 40 of this title 1.
      3. The name and signature of the designated agent of the petition entity for the candidate, candidate committee, or recall committee.
4. 1. The secretary of state shall issue a decision on any application for a new or reinstated license within ten business days after a petition entity files an application. The application must be on a form prescribed by the secretary and must include, at a minimum:

      (I) The name of any candidate, candidate committee, or recall committee for which a petition will be circulated by circulators coordinated or paid by the petition entity;

      (II) The current name, address, telephone number, and electronic-mail address of the petition entity; and

   2. A petition entity shall notify the secretary of state within twenty days of any change in the information submitted pursuant to subsection (4)(a) of this section.
   3. The secretary of state shall charge a nonrefundable license fee for each application in accordance with section 24-21-104 (3).
5. A petition entity shall ensure that a petition circulated by the entity is delivered to the candidate, candidate committee, or recall committee no later than three days before the deadline for the candidate to file the petition.
6. The secretary of state may create a single application and license, and charge a single fee, for entities subject to this section and section 1-40-135.

Source: L. 2019: Entire section added, (HB 19-1278), ch. 326, p. 3015, § 22, effective August 2. L. 2021: (1)(c), (2)(a), (2)(b)(I), (3)(d), (4)(a)(I), (4)(a)(III), and (5) amended and (1)(d) added, (SB 21-250), ch. 282, p. 1642, § 22, effective June 21.

Editor's note: 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.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-906. Candidate's acceptance.

Every nominating petition before it is filed shall have attached to it a notarized acceptance of the nomination of the candidate or notarized acceptances by both of the joint candidates. Each acceptance of nomination shall contain the full name of the candidate or joint candidate as the name will appear on the ballot and the candidate's full address.

Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993.

Editor's note: This section is similar to former § 1-4-603 (4) as it existed prior to 1992.

1-4-907. Filing of petition.

The petition, when executed and acknowledged as prescribed in this part 9, shall be filed as follows: With the secretary of state if it is for an office that is voted on by the electors of the entire state or of a congressional district or for the offices of members of the general assembly or district attorney or a district office of state concern; with the county clerk and recorder if it is for a county office; and with the designated election official if it is for a nonpartisan local election.

Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1621, § 1, effective May 31. L. 95: Entire section amended, p. 832, § 35, effective July 1.

Editor's note: This section is similar to former § 1-4-801 (1)(h) as it existed prior to 1992.

1-4-908. Review of petition - signature verification - notification - cure - rules.

1. Upon filing, the designated election official for the political subdivision shall review all petition information and verify the information against the registration records, and, where applicable, the county assessor's records. The secretary of state shall establish guidelines for verifying petition entries.
   1. (1.5) (a) In any election conducted after January 1, 2018, for any petition that must be filed with the secretary of state in accordance with section 1-4-907, the secretary of state shall compare each signature on a candidate petition with the signature of the eligible elector stored in the statewide voter registration system. The secretary of state may use a signature verification device to compare the signatures.
   2. 1. If it is determined that the signature on the petition does not match the signature of the eligible elector stored in the statewide voter registration database, or if a signature verification device is unable to determine that the signatures match, a second review shall be made by an employee of the secretary of state's office or a designee trained in signature verification. If the employee or designee agrees that the signatures do not match, the secretary of state shall, within three days of determining the signature deficiency, notify the candidate of such deficiency.
      2. To cure a signature that failed the signature verification process described in subsection (1.5)(b)(I) of this section, a candidate must provide the secretary of state with a statement, signed by the elector whose signature failed the verification process, that states substantially that the elector signed the petition. The statement must be accompanied by a copy of the elector's identification, as defined in section 1-1-104 (19.5). The secretary of state shall prescribe the form for the statement. To cure the signature deficiency, the candidate must return the statement and a copy of the elector's identification to the secretary of state within three days of the date the secretary notifies the candidate of the signature deficiency.
      3. The secretary of state may promulgate rules, in accordance with article 4 of title 24, to implement this subsection (1.5).
2. (Deleted by amendment, L. 95, p. 832 , § 36, effective July 1, 1995.) (2.5) If, while verifying a signer's information against the registration records in accordance with subsection (1) of this section, the designated election official finds that the signer provided his or her mailing address rather than his or her residence address as required under section 1-4-904 (3) , the designated election official may accept the signature line as valid if the designated election official is able to locate the signer's record in the statewide voter registration database and determine that the signer was eligible to sign the petition.
3. After review, the official shall notify the candidate of the number of valid signatures and whether the petition appears to be sufficient or insufficient. In the case of a petition for nominating an unaffiliated candidate, the official shall provide notification of sufficiency or insufficiency to the candidate no later than ninety-six days before the general election. Upon determining that the petition is sufficient and after the time for protest has passed, the designated election official shall certify the candidate to the ballot, and, if the election is a coordinated election, so notify the coordinated election official.
4. If a partisan candidate who submitted a candidate petition for review accesses the ballot by assembly before the designated election official declares the petition sufficient or insufficient, the candidate must immediately inform the designated election official. Upon receiving notification, the designated election official shall cease review and shall consider the petition to have never been submitted.

Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 94: (1) and (3) amended, p. 1154, § 16, effective July 1. L. 95: (2) and (3) amended, p. 832, § 36, effective July 1; (3) amended, p. 886, § 3, effective July 1. L. 2011: (3) amended, (SB 11-189), ch. 243, p. 1064, § 11, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 681, § 15, effective May 17. L. 2017: (1.5) added, (HB 17-1088), ch. 398, p. 2076, § 1, effective August 9. L. 2019: (2.5) and (4) added, (HB 19-1278), ch. 326, p. 3018, § 23, effective August 2.

1-4-909. Protest of designations and nominations.

1. A petition or certificate of designation or nomination that has been verified and appears to be sufficient under this code shall be deemed valid unless a petition for a review of the validity of the petition pursuant to section 1-1-113 is filed with the district court within five days after the election official's statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official.

   (1.5) If the election official determines that a petition is insufficient, the candidate named in the petition may petition the district court within five days for a review of the determination pursuant to section 1-1-113.

2. This section does not apply to any nomination made at a primary election.

Source: L. 92: Entire part R&RE, p. 690, § 7, effective January 1, 1993. L. 93: (1) amended, p. 1407, § 35, effective July 1. L. 95: (1) amended, p. 833, § 37, effective July 1. L. 2001: (1) amended, p. 1002, § 6, effective August 8. L. 2007: (1) amended and (1.5) added, p. 1971, § 10, effective August 3.

Editor's note: This section is similar to former § 1-4-901 as it existed prior to 1992.

Cross references: For designation of candidates by assembly, see § 1-4-601; for designation of party candidates by petition, see § 1-4-603; for nomination of candidates by convention, see § 1-4-701.

1-4-910. Protest to a recall petition. (Repealed)

Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1154, § 17, effective July 1. L. 95: Entire section repealed, p. 833, § 38, effective July 1.

1-4-911. Review of a protest.

The party filing a protest has the burden of sustaining the protest by a preponderance of the evidence. The decision upon matters of substance is open to review, if prompt application is made, as provided in section 1-1-113. The remedy in all cases shall be summary, and the decision of any court having jurisdiction shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding in a summary way.

Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993.

Editor's note: This section is similar to former § 1-4-901 as it existed prior to 1992.

1-4-912. Cure - rules.

1. Repealed.
2. During the review of any candidate's petition that is required to be filed with the secretary of state's office, the secretary of state shall notify the candidate of any errors and insufficiencies regarding circulator affidavits. Upon the receipt of such a notification, the candidate has five calendar days from the date of receipt of the notice to cure the errors and insufficiencies described in the notice. To cure a circulator affidavit, the candidate must provide the secretary of state with a new circulator affidavit that corrects the errors of the previously submitted affidavit.
3. The secretary of state shall promulgate rules, in accordance with article 4 of title 24, to implement this section, as amended.

Source: L. 92: Entire part R&RE, p. 691, § 7, effective January 1, 1993. L. 93: Entire section amended, p. 1407, § 36, effective July 1. L. 94: (1) amended, p. 1155, § 18, effective July 1. L. 95: (1) amended and (2) repealed, pp. 887, 861, 833, §§ 4, 117, 39, effective July 1. L. 99: (1) amended, p. 765, § 29, effective May 20. L. 2005: (1) amended, p. 1399, § 18, effective June 6; (1) amended, p. 1434, § 18, effective June 6. L. 2011: Entire section amended, (SB 11-189), ch. 243, p. 1065, § 12, effective May 27. L. 2012: Entire section amended, (HB 12-1292), ch. 181, p. 681, § 16, effective May 17. L. 2017: Entire section amended, (SB 17-209), ch. 234, p. 947, § 4, effective August 9; entire section amended, (HB 17-1088), ch. 398, p. 2077, § 2, effective August 9. L. 2019: (1) repealed and (2) amended, (HB 19-1278), ch. 326, p. 3018, § 24, effective August 2.

1-4-913. Defacing of petitions. (Repealed)

Source: L. 92: Entire part R&RE, p. 692, § 7, effective January 1, 1993. L. 95: Entire section repealed, p. 834, § 40, effective July 1.

1-4-1001. Withdrawal or disqualification from candidacy.

1. 1. Any person who has accepted a designation or nomination may withdraw from candidacy at any time by filing a letter of withdrawal. The withdrawing candidate shall sign and acknowledge the letter before an officer authorized to take acknowledgments and shall file the letter with the designated election official with whom the original certificate or petition of candidacy was filed.
   2. Any candidate withdrawing from a designation or nomination shall forthwith report the withdrawal to the persons designated in this part 10 to fill the vacancy.
   3. Except in the case of a vacancy to be filled in accordance with the provisions of section 1-4-1004 or 1-4-1006 that apply when a vacancy occurs from the earliest day to mail ballots pursuant to section 1-7.5-107 and the day of a primary or general election, respectively, if the withdrawal of candidacy is not made in time for the candidate's name to be taken off the ballot, any votes cast for the candidate are invalid and shall not be counted.
2. If the designated election official disqualifies a candidate before the ballots are printed, that candidate's name shall not appear on the ballots.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 947, § 5, effective August 9.

1-4-1002. Vacancies in major party designation up to the sixty-eighth day before primary election day.

1. For the purposes of this section, a vacancy is caused by:
   1. The declination, death, disqualification, or withdrawal of the person designated by a party assembly as a candidate for nomination; or
   2. The failure of a party assembly to make designation of any candidate for nomination.
   3. Repealed.
2. Any vacancy in a party designation occurring after the party assembly at which the designation was made and no later than sixty-eight days before the primary election may be filled by the party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in designation has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules.
3. 1. No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill the vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee receiving notice of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
   2. 1. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.
      2. The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party:
         1. As shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy; or
         2. As the party assembly that failed to designate a candidate, as applicable.
      3. No member of the vacancy committee may vote by proxy.
      4. If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state.
   3. 1. The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable; except that such certification must in all cases be submitted no later than the sixty-fourth day before the date of the primary election.
      2. For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.
   4. If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating that he or she does not intend to fill the vacancy.
4. When a vacancy occurs and is filled pursuant to this section, the designated election official shall certify the name of the replacement candidate to the ballot.
5. Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies.
6. Repealed.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 948, § 5, effective August 9. L. 2020: (1) amended and (6) added, (HB 20-1359), ch. 23, p. 86, § 7, effective March 16.

1-4-1003. Vacancies in major party designation occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots.

1. 1. For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination.
   2. Repealed.
2. A vacancy in a party nomination occurring between the sixty-seventh day before a primary election and the earliest day to mail primary election ballots pursuant to section 1-7.5-107 may be filled by the respective party assembly vacancy committee of the appropriate district, county, or state. The party assembly vacancy committee must be appointed by the party in accordance with party rules.
3. 1. No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to this mailing, the chairperson of the central committee may also contact the committee members by electronic mail.
   2. 1. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.
      2. The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
      3. No member of the vacancy committee may vote by proxy.
      4. If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state.
   3. 1. The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable.
      2. For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.
   4. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
   5. If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating that he or she does not intend to fill the vacancy.
4. 1. When a vacancy in a party designation is filled pursuant to this section prior to the ballots being printed, the designated election official shall cause the name of the replacement candidate to be printed on the ballot.
   2. When a vacancy in a party designation is filled pursuant to this section after the ballots are printed:
      1. The designated election official shall:
         1. Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and
         2. Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and
      2. Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate.
5. Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 954, § 5, effective August 9. L. 2020: (1) amended, (HB 20-1359), ch. 23, p. 87, § 8, effective March 16.

Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective December 31, 2020. (See L. 2020, p. 87 .)

1-4-1004. Vacancies in major party designation occurring from the day after the earliest day to mail primary election ballots through primary election day.

1. For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person designated by the assembly as a candidate for nomination.
2. A vacancy in a party designation occurring from the day after the earliest day to mail primary election ballots pursuant to section 1-7.5-107 through the day of the primary election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in nomination has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules.
3. 1. No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail.
   2. 1. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.
      2. The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
      3. No member of the vacancy committee may vote by proxy.
      4. If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state.
   3. 1. The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable.
      2. For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.
   4. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
   5. If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy.
4. When a vacancy in a party nomination is filled pursuant to this section:
   1. The designated election official shall:
      1. Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and
      2. Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and
   2. Votes cast for the candidate who vacated the designation must be counted as votes for the replacement candidate.
5. Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate, and a vacancy in that office occurs, then the party rule applies.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 956, § 5, effective August 9.

1-4-1005. Vacancies in major party nomination occurring from the day after primary election day through the earliest day to mail general election ballots.

1. For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person nominated at the primary election.
2. A vacancy in a party nomination occurring from the day after the primary election through the earliest day to mail general election ballots may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which the vacancy in nomination has occurred. The party assembly vacancy committee must be appointed by the party in accordance with party rules.
3. 1. No vacancy committee called to fill a vacancy pursuant to this section may select a person to fill a vacancy at a meeting held for that purpose unless a written notice announcing the time and location of the vacancy committee meeting was mailed to each of the committee members within five calendar days of the chairperson of the central committee learning of the vacancy. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. In addition to the mailing, the chairperson of the central committee may also contact committee members by electronic mail.
   2. 1. No vacancy committee meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee.
      2. The vacancy committee, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who meets all of the requirements of candidacy as of the date of the primary election and who is affiliated with the same political party or minor political party, if any, shown in the statewide voter registration database as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy.
      3. No member of the vacancy committee may vote by proxy.
      4. If the vacancy committee fails to timely certify a selection, the state chair of the party of the candidate whose declination, death, disqualification, or withdrawal caused the vacancy, within seven days, shall fill the vacancy by appointing a person who meets all of the requirements of candidacy as of the date of the appointment and who is affiliated with the same political party shown in the statewide voter registration system as the candidate whose declination, death, disqualification, or withdrawal caused the vacancy. The name of the person appointed by the state chair must be certified to the secretary of state. The vacancy is filled until the next general election after the vacancy occurs, when the vacancy is filled by election.
   3. 1. The designation and acceptance of the person selected to fill the vacancy must be submitted to the designated election official no later than three days from either the date of the vacancy committee meeting or from the date of appointment by the state chair pursuant to subsection (3)(b)(IV) of this section, as applicable; except that such certification must in all cases be submitted no later than the sixty-fourth day before the date of the general election.
      2. For purposes of this section, a vacancy is filled when the designated election official receives the certificate of nomination and the written acceptance of the replacement candidate.
   4. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
   5. If a person designated to fill a vacancy pursuant to this section decides not to fill a vacancy, he or she shall in like manner file a certificate setting forth the occurrence of the vacancy, stating they do not intend to fill the vacancy.
4. 1. When a vacancy in a party nomination is filled pursuant to this section prior to the ballots being printed, the designated election official shall cause the name of the replacement candidate to be printed on the ballot.
   2. When a vacancy in a party nomination is filled pursuant to this section subsequent to the ballots being printed:
      1. The designated election official shall:
         1. Prominently post, on the designated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and
         2. Either cause to be printed and placed on the sample ballot delivered to the election judges and posted pursuant to section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and
      2. Votes cast for the candidate who vacated the nomination must be counted as votes for the replacement candidate.
5. Notwithstanding any provisions to the contrary, if a political party has established a rule regarding the length of affiliation required for a candidate and a vacancy in that office occurs, then the party rule applies.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 957, § 5, effective August 9. L. 2019: (3)(c)(I) amended, (HB 19-1278), ch. 326, p. 3019, § 25, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-1006. Vacancies in major party nomination occurring from the day after the earliest day to mail general election ballots through general election day.

1. For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the person nominated at the primary election.
2. A vacancy occurring from the day after the earliest day to mail general election ballots through general election day must be filled in accordance with part 2 of article 12 of this code.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 959, § 5, effective August 9.

1-4-1007. Vacancies in minor party designation or nomination.

Any vacancy in a nomination for a minor political party candidate occurring after the filing of the certificate of designation pursuant to section 1-4-1304 (3) and no later than seventy days before the general or congressional vacancy election, which is caused by the declination, death, disqualification, or withdrawal of any person nominated by the minor political party, may be filled by the person or persons designated in the constitution or bylaws of the minor political party to fill vacancies.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9.

Editor's note: This section is similar to former § 1-4-1002 (4.5) as it existed prior to 2017.

1-4-1008. Vacancies in unaffiliated designation or nomination.

Any vacancy in a nomination for an unaffiliated candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition or statement of intent occurring after the filing of the petition for nomination or the submittal of a statement of intent under section 1-4-303 and no later than seventy days before the general or congressional vacancy election may be filled by the person or persons designated on the petition or statement of intent to fill vacancies.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9.

Editor's note: This section is similar to former § 1-4-1002 (4) as it existed prior to 2017.

1-4-1009. Vacancies in school district director nomination.

1. A vacancy in nomination for a school district director candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition occurring after the filing of the petition for nomination may be filled by the person or persons designated or appointed on the petition within five days of the person or persons learning of the vacancy.
2. 1. When a vacancy is filled in accordance with this section before the ballots are printed, the coordinated election official shall cause the name of the replacement candidate to be printed on the ballot.
   2. When a vacancy is filled in accordance with this section after the ballots are printed:
      1. The coordinated election official shall:
         1. Prominently post, on the coordinated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and
         2. Either cause to be printed and placed on the sample ballot delivered to the election judges and posted in accordance with section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and
      2. Votes cast for the candidate who vacated the nomination must be counted as votes for the replacement candidate.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9.

1-4-1010. Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots.

1. Except as otherwise provided in subsection (2) of this section or section 1-4-1010 (2), any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office and falling within the time periods governed by section 1-4-1002, 1-4-1003, 1-4-1004, or 1-4-1005 shall be filled at the next general election with nomination or designation by the political party as follows:
   1. 1. If the vacancy occurs before the political party assembly, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election, and candidates for the office shall be designated as provided in section 1-4-601 or 1-4-603.
      2. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
   2. 1. If the vacancy occurs after the political party assembly and no later than sixty-eight days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be on the ballot for the next primary election. Candidates for the office shall be designated as provided in section 1-4-603 or by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district.
      2. No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
   3. If the vacancy occurs during the sixty-seven days before the primary election, or after the primary election and no later than sixty-eight days before the general election, the designated election official shall add the office to the notice of election for the general election and notify the chairperson of each major political party that the office will be on the ballot for the next general election. Nominations for the office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates.
   4. If the vacancy occurs sixty-eight days or fewer before a general election, that office must be filled at the next general election.
2. Any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by a minor political party pursuant to the constitution or bylaws of the minor political party.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9.

Editor's note: Subection (1) is similar to former § 1-4-1002 (7) as it existed prior to 2017. Subsection (2) is similar to former § 1-4-1002 (7.5) as it existed prior to 2017.

1-4-1011. Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor.

1. For the purposes of this part 10, no vacancy in designation or nomination for the office of governor or the office of lieutenant governor in any way affects the candidacy of the other joint candidate.
2. Any vacancy in a nomination for the office of lieutenant governor must be filled by appointment by the vacating candidate's joint candidate for governor.
3. For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the candidate designated or nominated for governor or lieutenant governor.

Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 961, § 5, effective August 9.

Editor's note: Subsection (1) is similar to former § 1-4-1003 as it existed prior to 2017. Subsection (2) is similar to former § 1-4-1002 (7.3) as it existed prior to 2017.

1-4-1012. Remote participation in vacancy committee meetings.

1. Notwithstanding any provision to the contrary, a member of a vacancy committee filling a vacancy pursuant to this part 10 may participate in a vacancy committee meeting remotely, including casting the member's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.
2. Repealed.

Source: L. 2021: Entire section added, (HB 21-1001), ch. 1, p. 2, § 2, effective January 20; (2) repealed, (SB 21-250), ch. 282, p. 1643, § 24, effective June 21.

Editor's note: Section 85 of chapter 282 (SB 21-250), Session Laws of Colorado 2021, provides that the act repealing subsection (2) applies to elections conducted on or after June 21, 2021.

1-4-1101. Write-in candidate affidavit of intent.

1. A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating that he or she desires the office and is qualified to assume its duties if elected. A write-in candidate for governor shall designate in the affidavit a write-in candidate for lieutenant governor. A write-in candidate for president of the United States in the general election shall designate in the affidavit a write-in candidate for vice president of the United States and shall include a list of presidential electors endorsed by the electors. The affidavit shall be filed with the secretary of state if it is for a statewide office, a seat in congress, a seat in the general assembly, the office of district attorney, or any other district office of state concern. The affidavit shall be filed with the county clerk and recorder if it is for a county office and with the designated election official if it is for a local office.
2. No write-in vote for an office in an election shall be counted unless the person for whom the vote was cast filed the affidavit of intent required by subsection (1) of this section within the time prescribed by section 1-4-1102. No write-in vote for a candidate for governor shall be counted unless the person designated as the write-in candidate for lieutenant governor pursuant to subsection (1) of this section also filed an affidavit of intent within the time prescribed by section 1-4-1102.

Source: L. 92: Entire part R&RE, p. 695, § 7, effective January 1, 1993. L. 96: (1) amended, p. 1741, § 27, effective July 1. L. 2007: Entire section amended, p. 1973, § 12, effective August 3. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1643, § 23, effective June 21.

1-4-1102. Time of filing affidavit.

1. Except as provided in subsection (2) of this section, the affidavit of intent shall be filed by the close of business on the sixty-seventh day before a primary election and by the close of business on the one hundred tenth day before any other election.
2. In a nonpartisan election, the affidavit of intent shall be filed by the close of business on the sixty-fourth day before the election. If the election is to be coordinated by the county clerk and recorder, the designated election official shall forward a copy of the affidavit of intent to the coordinated election official.

Source: L. 92: Entire part R&RE, p. 696, § 7, effective January 1, 1993. L. 94: Entire section amended, p. 1768, § 25, effective January 1, 1995. L. 95: Entire section amended, p. 835, § 43, effective July 1. L. 96: Entire section amended, p. 1741, § 28, effective July 1. L. 99: (1) amended, p. 768, § 31, effective May 20. L. 2005: (1) amended, p. 1402, § 20, effective June 6; (1) amended, p. 1437, § 20, effective June 6. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1065, § 13, effective May 27.

Editor's note: This section is similar to former § 1-4-1001 as it existed prior to 1992.

1-4-1103. Write-in votes for governor, president.

1. No write-in vote for governor in a general election will be counted unless it includes a write-in vote for lieutenant governor.
2. No write-in vote for president in a general election will be counted unless it includes a write-in vote for vice-president.

Source: L. 92: Entire part R&RE, p. 696, § 7, effective January 1, 1993. L. 95: Entire section amended, p. 835, § 44, effective July 1. L. 2007: Entire section amended, p. 1974, § 13, effective August 3. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1607, § 11, effective May 29.

Editor's note: This section is similar to former § 1-4-1002 as it existed prior to 1992.

1-4-1201. Declaration.

In recreating and reenacting this part 12, it is the intent of the People of the State of Colorado that the provisions of this part 12 conform to the requirements of federal law and national political party rules governing presidential primary elections, and that the Colorado General Assembly will, during the 2017 legislative session, adopt all necessary conforming amendments to ensure the proper operation of a presidential primary election in Colorado.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816 .

1-4-1202. Definitions.

As used in this part 12, unless the context otherwise requires:

1. "Political party" means a major political party as defined in section 1-1-104 (22).
2. "Presidential primary election" means a primary election conducted in a year in which a United States Presidential Election will be held to allocate delegates to national nominating conventions of the major political parties selected in accordance with section 1-4-701.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816 .

1-4-1203. Presidential primary elections - when - conduct.

1. A presidential primary election shall be held on a Tuesday on a date designated by the governor. The date selected for the primary must be no earlier than the date the national rules of the major political parties provide for state delegations to the party's national convention to be allocated without penalty and not later than the third Tuesday in March in years in which a United States Presidential Election will be held. The governor shall, in consultation with the secretary of state, designate the date of the presidential primary election no later than the first day of September in the year before the presidential primary election will be held.
2. 1. Except as provided for in subsection (5) of this section, each political party that has a qualified candidate entitled to participate in the presidential primary election pursuant to this section is entitled to participate in the Colorado presidential primary election. At the presidential primary election, an elector that is affiliated with a political party may vote only for a candidate of that political party.
   2. An unaffiliated eligible elector may vote in a political party's presidential primary election without affiliating with that party or may declare an affiliation with a political party to the election judges at the presidential primary election in accordance with section 1-7-201. Notwithstanding any other provision of law, no elector affiliated with a major or minor political party or political organization may change or withdraw his or her affiliation in order to vote in the presidential primary election of another political party unless the elector has changed or withdrawn such affiliation no later than the twenty-second day preceding the presidential primary election as provided in section 1-2-219 (1).
3. Except as otherwise provided in this part 12, a presidential primary election must be conducted in the same manner as any other primary election to the extent statutory provisions governing other primary elections are applicable to this part 12. The election officers and county clerk and recorders have the same powers and shall perform the same duties for presidential primary elections as they provide by law for other primary elections and general elections.
4. 1. A ballot used in a presidential primary election must only contain the names of candidates for the office of the president of the United States of America. The ballot shall not be used for the purpose of presenting any other issue or question to the electorate unless expressly authorized by law.
   2. Each political party that is entitled to participate in the presidential primary election shall have a separate party ballot for use by electors affiliated with that political party.
   3. The county clerk and recorder shall send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a ballot packet that contains the ballots of all the major political parties. In this ballot packet, the clerk shall also provide written instructions advising the elector of the manner in which the elector will be in compliance with the requirements of this code in selecting and casting the ballot of a major political party. An elector may cast the ballot of only one major political party. After selecting and casting a ballot of a single major political party, the elector shall return the ballot to the clerk. If an elector casts and returns to the clerk the ballot of more than one major political party, all such ballots returned will be rejected and will not be counted.
   4. The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections.
5. If, at the close of business on the sixtieth day before a presidential primary election, every political party has no more than one candidate for president affiliated with the political party who is certified to the presidential primary ballot pursuant to section 1-4-1204 (1) or who has filed a write-in candidate statement of intent pursuant to section 1-4-1205, the secretary of state may cancel the presidential primary election for all political parties and declare the candidate for each political party the winner of the presidential primary election for that political party.
6. The secretary of state may by rule adopt additional ballot requirements necessary to avoid voter confusion in voting in presidential primary elections.
7. Repealed.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2816 . L. 2017: (1) and (4)(b) amended, (4)(c) and (4)(d) added, and (7) repealed, (SB 17-305), ch. 216, p. 842, § 3, effective August 9. L. 2021: (2)(b) and (5) amended, (SB 21-250), ch. 282, p. 1643, § 25, effective June 21.

Editor's note: 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.

1-4-1204. Names on ballots.

1. Not later than sixty days before the presidential primary election, the secretary of state shall certify the names and party affiliations of the candidates to be placed on any presidential primary election ballots. The only candidates whose names shall be placed on ballots for the election shall be those candidates who:
   1. Repealed.
   2. Are seeking the nomination for president of a political party as a bona fide candidate for president of the United States pursuant to political party rules and are affiliated with a major political party that received at least twenty percent of the votes cast by eligible electors in Colorado at the last presidential election; and
   3. Have submitted to the secretary, not later than eighty-five days before the date of the presidential primary election, a notarized candidate's statement of intent together with either a nonrefundable filing fee of five hundred dollars or a petition signed by at least five thousand eligible electors affiliated with the candidate's political party who reside in the state. Candidate petitions must meet the requirements of parts 8 and 9 of this article 4, as applicable.

   (1.5) No later than the sixty-fifth day before the presidential primary election, a person whose name has been qualified to be placed on the ballot may file with the secretary of state an affidavit stating that the person is not a candidate for the office of the president of the United States and requesting that the person's name not be included in the list of names certified by the secretary of state in accordance with subsection (1) of this section. The secretary of state shall not include in the list the name of a person who timely files an affidavit.

2. The names of candidates appearing on any presidential primary ballot must be in an order determined by lot. The secretary of state shall determine the method of drawing lots.
3. Except as otherwise prohibited by political party rules, the state chairperson of a political party may request the secretary to provide a place on the primary ballot for electors who have no presidential candidate preference to register a vote to send a noncommitted delegate to the political party's national convention. To be valid, this request must be received by the secretary of state no later than seventy days before the presidential primary election.
4. Any challenge to the listing of any candidate on the presidential primary election ballot must be made in writing and filed with the district court in accordance with section 1-1-113 (1) no later than five days after the filing deadline for candidates. Any such challenge must provide notice in a summary manner of an alleged impropriety that gives rise to the complaint. No later than five days after the challenge is filed, a hearing must be held at which time the district court shall hear the challenge and assess the validity of all alleged improprieties. The district court shall issue findings of fact and conclusions of law no later than forty-eight hours after the hearing. The party filing the challenge has the burden to sustain the challenge by a preponderance of the evidence. Any order entered by the district court may be reviewed in accordance with section 1-1-113 (3).

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2818 . L. 2017: (1)(c) and (4) amended, (SB 17-305), ch. 216, p. 843, § 4, effective August 9. L. 2019: (1)(a) repealed and (1.5) added, (HB 19-1278), ch. 326, p. 3019, § 26, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-1205. Write-in candidate affidavit for presidential primary.

A write-in vote for any candidate on the presidential primary ballot shall not be counted unless the candidate for whom the write-in vote was cast has filed a notarized candidate's statement of intent to seek the office of president of the United States. Any such affidavit must be accompanied by a nonrefundable fee of five hundred dollars and must be filed with the secretary of state no later than the close of business on the sixty-seventh day before the presidential primary election.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819 .

1-4-1206. Presidential primary ballots - survey of returns.

Each county clerk and recorder shall survey all returns received from the presidential primary election in all county precincts in accordance with article 10 of this title 1. For counties that contain more than one United States congressional district, the returns must indicate the number of votes cast in each precinct for each candidate; except that, if the total number of votes cast and counted in any precinct is less than ten, the returns for all such precincts in the county must be reported together. For counties that contain only one United States congressional district, the returns may indicate the number of votes cast in the county for each candidate.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819 . L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3019, § 27, effective August 2. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1643, § 26, effective June 21.

Editor's note: 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.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-1207. Election results - certification - pledging of delegates.

1. The secretary shall compile the number of votes cast for each candidate named on the presidential primary election ballot and the votes cast to send a noncommitted delegate to the political party's national convention, if applicable, and shall calculate the percentage of votes received by each candidate as compared to the number of votes received by all candidates of the same political party.
2. The secretary shall certify the results and percentages calculated pursuant to subsection (1) of this section to the state chairperson and the national committee of each political party which had at least one candidate on its presidential primary election ballot.
3. Each political party shall use the results of the election to allocate national delegate votes in accordance with the party's state and national rules.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819 . L. 2019: (2) and (3) amended, (HB 19-1278), ch. 326, p. 3020, § 28, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-1301. Formation of minor political party.

1. A minor political party shall adopt a constitution or set of bylaws to govern its organization and the conduct of its affairs and shall exercise thereunder any power not inconsistent with the laws of this state. The constitution or set of bylaws shall be filed with the secretary of state. Any minor political party failing to file its constitution or set of bylaws pursuant to this section shall not be qualified as a minor political party. The constitution or set of bylaws shall contain the following:
   1. A method of nominating candidates for the partisan offices specified in section 1-4-1304 (1);
   2. A method for calling and conducting assemblies and conventions;
   3. A method for selecting delegates to assemblies and conventions;
   4. A method for the selection of members and a chairperson to the state central committee and for the selection of other party officers;
   5. A method for filling vacancies in party offices;
   6. The powers and duties of party officers;
   7. The structure of the state and county party organizations, if any;
   8. A statement that any meeting to elect party officers, including delegates, and any assembly to nominate candidates, shall be held at a public place at the time specified by the party chairperson and that the time and place of such meeting shall be published once, no later than fifteen days before such meeting, in a newspaper of general circulation in each county wherein the members of the minor political party reside;
   9. A statement that the party chairperson or his or her designee shall be the person who shall communicate on behalf of the minor political party; and
   10. A method for amending the constitution or set of bylaws.
2. The chairperson of the party shall file any amendments to the constitution or set of bylaws with the secretary of state no later than fifteen days after the amendments are adopted.
3. The name of the minor political party shall contain no more than three words in addition to the word "party". The name of the minor political party shall not use, in whole or in part, the name of any existing political party.

Source: L. 98: Entire part added, p. 251, § 1, effective April 13. L. 99: (1)(h) and (2) amended, p. 769, § 34, effective May 20. L. 2003: (1)(b), (1)(c), and (1)(h) amended, p. 1311, § 9, effective April 22.

1-4-1302. Petition to qualify as a minor political party.

1. A petition to qualify as a minor political party must be signed by at least ten thousand registered electors and shall be submitted to the secretary of state no later than the close of business on the second Friday in the January of the election year for which the minor political party seeks to qualify.
2. The petition shall contain the name of the minor political party, and the heading of the petition shall state that the signers thereof desire that it be qualified as a minor political party.
3. Each registered elector signing a petition pursuant to this section shall print the elector's name and address, including the street and number, if any. There must be attached to each petition an affidavit of a person who is a citizen of the United States and at least eighteen years of age who circulated the petition stating:
   1. The circulator's address;
   2. That the circulator is a citizen of the United States and at least eighteen years of age;
   3. That the circulator circulated the petition;
   4. That each signature on the petition was affixed in the circulator's presence and is the signature of the person whose name it purports to be; and
   5. That, to the best of the circulator's knowledge and belief, each of the persons signing the petition was a registered elector at the time of signing.
4. 1. Upon filing, the secretary of state shall review all petition information and verify the information against the registration records. The secretary of state shall establish guidelines for verifying petition entries.
   2. No later than twenty-one days after receipt of the petition, the secretary of state shall notify the minor political party seeking to qualify of the number of valid signatures and whether the petition appears to be sufficient or insufficient.
   3. Repealed.
   4. Upon determining that the petition is sufficient:
      1. The secretary of state shall notify the minor political party and the clerk and recorder of each county that such party is qualified; and
      2. Eligible electors shall be able to register as affiliated with such minor political party.

Source: L. 98: Entire part added, p. 252, § 1, effective April 13. L. 99: (4)(b) and (4)(c) amended, p. 769, § 35, effective May 20. L. 2003: (1), (2), and (4)(d)(I) amended, p. 1311, § 10, effective April 22. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1065, § 14, effective May 27. L. 2021: (1) and (3) amended and (4)(c) repealed, (SB 21-250), ch. 282, p. 1644, § 27, effective June 21.

Editor's note: 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.

1-4-1303. Qualifications to nominate by constitution or bylaws.

1. Subject to the provisions of subsection (2) of this section, a minor political party qualifies as a minor political party if the party satisfies the requirements of section 1-4-1302 or any one of the following conditions:
   1. Any of its candidates for any office voted on statewide in either of the last two preceding general elections received at least five percent of the total votes cast for such office.
   2. One thousand or more registered electors are affiliated with the minor political party prior to April 1 of the election year for which the minor political party seeks to nominate candidates.
2. A minor political party shall continue to be qualified as a minor political party if:
   1. A candidate of the party for statewide office has received at least one percent of the total votes cast for any statewide office in either of the last two preceding general elections; or
   2. One thousand or more registered electors are affiliated with the minor political party prior to April 1 in either of the last two preceding general elections for which the party seeks to nominate candidates.
3. (Deleted by amendment, L. 2003, p. 1312 , § 11, effective April 22, 2003.)

Source: L. 98: Entire part added, p. 253, § 1, effective April 13. L. 2003: IP(1) and (3) amended, p. 1312, § 11, effective April 22. L. 2019: (1)(b) and (2)(b) amended, (HB 19-1278), ch. 326, p. 3020, § 29, effective August 2.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-4-1304. Nomination of candidates.

1. A minor political party may nominate candidates in accordance with sections 1-4-302, 1-4-402 (1)(a), 1-4-502 (1), and 1-4-802 and this article.
   1. (1.5) (a) A minor political party may nominate candidates for offices to be filled at a general election by petition in accordance with section 1-4-802.
   2. 1. A minor political party may nominate candidates for offices to be filled at a general election by assembly. Except as provided in subsection (1.5)(f) of this section, an assembly shall be held no later than seventy-three days preceding the primary election.
      2. Each candidate receiving thirty percent or more of the votes of all duly accredited assembly delegates who are present and voting on that office shall be designated by the assembly and certified pursuant to subsection (3) of this section.
   3. If an assembly designates more than one candidate for an office, or if an assembly designates one or more candidates and one or more candidates qualifies by petition, the candidate of the minor political party for that office shall be nominated at a primary election held in accordance with this code. A minor political party may prohibit unaffiliated electors from voting in the party's primary election so long as the prohibition is in accordance with the party's constitution, bylaws, or other applicable rules. Any minor party choosing to prohibit unaffiliated electors from voting in its primary election must notify the secretary of state of the prohibition not less than seventy-five days prior to the primary election.
   4. If only one candidate is designated for an office by petition or assembly, that candidate shall be the candidate of the minor political party in the general election.
   5. Nothing in this section shall be construed to prevent any eligible elector associated with a political organization that does not qualify as a minor political party in an election from qualifying for the ballot by petition as an unaffiliated candidate under section 1-4-802.
   6. Repealed.
2. Nominations by a minor political party, to be valid, must be made in accordance with the party's constitution or bylaws. No nomination under this section is valid for any general election unless the nominee:
   1. Is a registered elector;
   2. Was registered as affiliated with the minor political party that is making the nomination, as shown in the statewide voter registration system, no later than the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party; and
   3. Has not been registered as a member of a major political party at any time after the first business day of the January immediately preceding the general election for which the person was nominated, unless otherwise provided in the constitution or bylaws of the minor political party.
3. Any minor political party nominating candidates in accordance with this part 13 shall file a certificate of designation with the designated election official no later than four days after the assembly was held at which the candidate was designated. The certificate of designation must state the name of the office for which each person is a candidate and the candidate's name and address, the date on which the assembly was held at which the candidate was designated, must designate in not more than three words the name of the minor political party that the candidate represents, and must certify that the candidate is a member of the minor political party. The candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name. The candidate's affiliation as shown in the statewide voter registration system is prima facie evidence of party membership.
4. Any person nominated in accordance with this part 13 shall file a written acceptance with the designated election official by mail, facsimile transmission, or hand delivery. The written acceptance must be postmarked or received by the designated election official no later than four business days after the filing of the certificate of designation required under subsection (3) of this section. If the acceptance is transmitted to the designated election official by facsimile transmission, the original acceptance must also be filed and postmarked no later than ten days after the filing of the certificate of designation required under subsection (3) of this section. If an acceptance is not filed within the specified time, the candidate shall be deemed to have declined the nomination.
5. Nothing in this part 13 shall be construed to allow a minor political party to nominate more than one candidate for any one office.

Source: L. 98: Entire part added, p. 254, § 1, effective April 13. L. 99: IP(2), (3), and (4) amended, p. 769, § 36, effective May 20; (3) amended, p. 161, § 12, effective August 4. L. 2001: (3) amended, p. 1002, § 7, effective August 8. L. 2003: (1) and (3) amended and (1.5) added, p. 1312, § 12, effective April 22. L. 2007: (2)(b) and (2)(c) amended, p. 1974, § 14, effective August 3. L. 2010: (2) amended, (HB 10-1271), ch. 324, p. 1503, § 6, effective May 27. L. 2011: (1.5)(b)(I) amended, (SB 11-189), ch. 243, p. 1065, § 15, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 681, § 18, effective May 17. L. 2016: IP(2), (2)(b), and (3) amended, (SB 16-142), ch. 173, p. 578, § 35, effective May 18. Initiated 2016: (1.5)(c) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825 . L. 2020: (1.5)(b)(I) amended and (1.5)(f) added, (HB 20-1359), ch. 23, p. 87, § 10, effective March 16.

1-4-1305. Disqualification of minor political party.

1. In the event a minor political party ceases to qualify as such a party pursuant to section 1-4-1303 (2) and fails to subsequently qualify as such a party pursuant to section 1-4-1303, the secretary of state shall notify the chairperson of such party and the clerk and recorder of each county of such disqualification.
2. Such notice of disqualification shall be provided by the secretary of state to the chairperson of the minor political party and to each clerk and recorder no later than July 1 of an election year in which a minor political party may qualify candidates for the ballot. No certificate of designation of candidates pursuant to section 1-4-1304 (3) shall be accepted by the secretary of state from the minor political party for the election for which such party has ceased to qualify.
3. Upon notification of disqualification of a minor political party, each registered elector that is affiliated with such minor political party must be designated in the statewide voter registration system as "unaffiliated".

Source: L. 98: Entire part added, p. 255, § 1, effective April 13. L. 2016: (3) amended, (SB 16-142), ch. 173, p. 578, § 36, effective May 18.

1-4-1401. Legislative declaration.

1. The general assembly hereby finds, determines, affirms, and declares that:
   1. District attorneys are nonjudicial elected officials subject to the limitations on terms of office imposed by section 11 of article XVIII of the state constitution;
   2. Judicial districts are political subdivisions of the state with political control by a community other than the state as a whole, and district attorneys continue to exhibit a fundamental characteristic of representing the people of the judicial district in order to protect their health, safety, and welfare; and
   3. Judicial districts do not have a clearly identified governing body with the explicit authority to call and conduct elections.
2. Therefore, it is the intent of the general assembly that this part 14 provide an explicit statutory mechanism for the referral of ballot questions that seek to lengthen, shorten, or eliminate the limitations on terms of office for district attorneys to the eligible electors of a judicial district pursuant to section 11 (2) of article XVIII of the state constitution.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1040, § 1, effective May 20.

1-4-1402. Applicability of part.

This part 14 shall apply to any ballot question that seeks to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney pursuant to section 11 (2) of article XVIII of the state constitution. Elections in which such ballot questions appear on the ballot shall be conducted pursuant to the provisions of this code unless otherwise provided for in this part 14.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20.

1-4-1403. Referral of question in single-county judicial districts.

For a judicial district whose territory is comprised entirely of one county, the board of county commissioners for that county shall be the governing body to refer any ballot question to the eligible electors of the judicial district regarding the lengthening, shortening, or elimination of the limitation on terms of office for the district attorney of the judicial district.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20.

1-4-1404. Referral of question in multiple-county judicial districts.

1. For a judicial district whose territory is comprised of more than one county, the boards of county commissioners of each county situated within the judicial district shall be the governing bodies to refer any ballot question to the eligible electors of their respective counties regarding the lengthening, shortening, or elimination of the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution.
2. Any such ballot question shall appear on the ballot in each county situated within the judicial district at the same election. The wording of the ballot question shall be substantially identical in each county situated within the judicial district and the alphabetical, numerical, or alphanumerical designation used to identify the measure shall be identical on each ballot that includes the measure.
3. Notwithstanding any other provision of law, if such a measure is approved by the eligible electors of a county situated within the judicial district but was not referred to or approved by the eligible electors of each county situated within the judicial district at the same election or if the wording of the measure was not substantially identical in each county situated within the judicial district, such measure shall be deemed void.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20.

1-4-1405. Coordinated or general election ballot.

1. Any ballot question that seeks to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney shall only be submitted to the voters of a judicial district at a coordinated or general election.
2. Any such ballot question shall appear on the official ballot used in each county in a judicial district and shall be a separate question from any other ballot questions seeking to lengthen, shorten, or eliminate the limitations on terms of office for any other elected officials.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1041, § 1, effective May 20.

1-4-1406. County clerk and recorder designated election official - certification of results to secretary of state.

1. In addition to his or her duties regarding the general survey of returns specified in article 10 of this title, the county clerk and recorder of any county referring a ballot question seeking to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney shall:
   1. Act as the designated election official for the election in which the ballot question appears on the ballot; and
   2. No later than the eighteenth day after the election in which the ballot question appears on the ballot, certify the total number of votes cast for and against the ballot question and transmit the certification to the secretary of state.
2. Upon receipt of the certifications transmitted pursuant to paragraph (b) of subsection (1) of this section, the secretary of state shall compile the results received from each county situated within the judicial district and determine whether the measure was approved by the eligible electors of the judicial district as a whole. The secretary shall certify the results in the manner provided by law.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, § 1, effective May 20.

1-4-1407. Initiative - petition.

1. 1. Notwithstanding any other provision of law, the registered electors of a county may submit to the board of county commissioners of the county a proposed ballot question regarding lengthening, shortening, or eliminating the limitation on terms of office for the district attorney of the judicial district imposed by section 11 of article XVIII of the state constitution. The registered electors may commence the initiative process by filing written notice of the proposed ballot question with the county clerk and recorder and subsequently, within one hundred eighty days after approval of the petition pursuant to subsection (2) of this section but no less than one hundred forty days prior to the next scheduled coordinated or general election, by filing a petition signed by registered electors of the county in an amount equal to at least five percent of the total number of votes cast in the county for all candidates for the office of district attorney at the previous general election.
   2. Upon the receipt and verification of the initiative petition pursuant to this section, the board of county commissioners shall refer the proposed ballot question, in the form petitioned for, to the registered electors of the county at the next scheduled coordinated or general election, whichever occurs first.
2. 1. Each initiative petition filed pursuant to subsection (1) of this section shall be printed in a form consistent with this subsection (2). No petition shall be printed or circulated unless the form and the first printer's proof of the petition section have first been submitted to the county clerk and recorder and approved by the county clerk and recorder. The county clerk and recorder shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the county clerk and recorder received such material. The county clerk and recorder shall assure that the petition section contains only those elements required by this section and contains no extraneous material.
   2. Each petition section shall designate by name and mailing address two persons who shall represent the proponents thereof on all matters affecting the initiative petition and to whom all notices or information concerning the petition shall be mailed.
   3. 1. At the top of each page of every initiative petition section, the following shall be printed, in a form as prescribed by the county clerk and recorder:
      2. A summary of the proposed ballot question that is the subject of an initiative petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the county clerk and recorder.
      3. The full text of the proposed ballot question that is the subject of an initiative petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of subparagraph (I) of this paragraph (c), if the text of the proposed ballot question requires more than one page of a petition section, the warning and summary need not appear at the top of any page other than the initial text page.
      4. The signature pages shall consist of the warning and the summary, followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed ballot question that is the subject of the initiative petition is printed.
      5. That each signature thereon was affixed in the affiant's presence;
      6. That each signature thereon is the signature of the person whose name it purports to be;
      7. That, to the best of the affiant's knowledge and belief, each of the persons signing the initiative petition section was, at the time of signing, a registered elector; and
      8. That the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the initiative petition.
3. 1. Following the signature pages of each petition section, there shall be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following:

      (I) The affiant's printed name, the address at which the affiant resides, including the affiant's street name and number, municipality, and county, and the date the affiant signed the affidavit;

      (II) That the affiant has read and understands the laws governing the circulation of initiative petitions;

      (III) That the affiant was eighteen years of age or older at the time the petition section was circulated and signed by the listed electors;

      (IV) That the affiant circulated the petition section;

   2. The county clerk and recorder shall not accept for filing any petition section that does not have attached thereto the notarized affidavit required by paragraph (a) of this subsection (3). Any disassembly of a petition section that has the effect of separating the affidavit from the signature page or pages shall render that petition section invalid and of no force and effect.
   3. Any signature added to a petition section after the affidavit has been executed shall be invalid.
   4. All petition sections shall be prenumbered serially.
   5. Any petition section that fails to conform to the requirements of this section or that is circulated in a manner other than that permitted by this section shall be invalid.
4. The circulation of any petition section other than personally by a circulator is prohibited. No petition section shall be circulated by any person who is not eighteen years of age or older at the time the petition section is circulated.
5. Any initiative petition shall be signed only by registered electors who are eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, and the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically unable to sign the petition or is illiterate and wishes to sign the petition, the elector shall sign and make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the signor.
6. 1. The county clerk and recorder shall inspect timely filed initiative petitions and the attached affidavits, and may do so by examining the information on signature lines for patent defects, by comparing the information on signature lines against a list of registered electors of the county.
   2. After examining the initiative petition, the county clerk and recorder shall issue a statement as to whether a sufficient number of valid signatures has been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section.
   3. The statement of sufficiency or insufficiency shall be issued no later than thirty calendar days after the initiative petition has been filed. If the county clerk and recorder fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient.
7. 1. Within forty days after an initiative petition is filed, a protest in writing under oath may be filed in the office of the county clerk and recorder by any registered elector who resides in the county, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this section. No signature may be challenged that is not identified in the protest by section and line number. The county clerk and recorder shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed.
   2. The county clerk and recorder shall furnish a requesting protester with a list of the registered electors in the county and shall charge a fee to cover the cost of furnishing the list.
   3. Every hearing shall be held before the county clerk and recorder with whom such protest is filed. The county clerk and recorder shall serve as hearing officer unless some other person is designated by the board of county commissioners as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to paragraph (b) of subsection (2) of this section. The determination as to petition sufficiency may be reviewed by the district court for the county upon application of the protester, the persons designated as representing the petition proponents, or the county, but such review shall be had and determined forthwith.
8. The general assembly finds the provisions of this section are a matter of statewide concern and shall apply to all counties, including home rule counties, and to the city and county of Denver and the city and county of Broomfield.

WARNING: IT IS AGAINST THE LAW:

For anyone to sign any initiative petition with any name other than his or her own, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or the summary in its entirety and understand its meaning.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, § 1, effective May 20.

1-4-1408. Prior actions not affected.

District attorney term limit ballot questions approved by the voters of any judicial district prior to May 20, 2010, are not affected by the enactment of this part 14 and shall remain valid.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1046, § 1, effective May 20.

1-5-101. Establishing precincts and polling places for partisan elections.

1. Subject to approval by the board of county commissioners, the county clerk and recorder of each county shall divide the county into as many election precincts for all general, primary, and congressional vacancy elections as is convenient for the eligible electors of the county and shall designate the place for each precinct at which elections are to be held. In establishing boundaries, the board of county commissioners shall take into consideration natural and artificial boundaries that meet the requirements of the United States bureau of the census. The precincts shall be numbered in accordance with section 1-5-101.5. Changes in the precinct boundaries of a county shall be made only within the district boundaries of each representative and senatorial district.
2. Repealed.
3. 1. Every county clerk and recorder, subject to approval by the board of county commissioners, shall establish at least one precinct for every one thousand five hundred active eligible electors in the county at the time of the most recent federal decennial census. However, the county clerk and recorder, subject to approval by the board, may establish one precinct for every two thousand active eligible electors.
   2. The precincts established by the county clerk and recorder in subsection (3)(a) of this section need not be modified until the precincts have more than twice as many active eligible electors as they did at the time of the most recent federal decennial census, or when they were established by the county clerk and recorder, whichever is later.
4. Repealed.
5. Notwithstanding section 1-5-103, and except as otherwise required by federal law, in order to facilitate the preparation of a computerized database for use in the redistricting process that will take place after the decennial census in years ending in the number zero, the precinct boundaries established by the county clerk and recorder of each county, subject to approval by the board of county commissioners, that are used in the general election in years ending in the number eight shall remain in effect until after the general election in years ending in the number zero; except that the precincts so established may be subdivided within the boundaries of the original precinct and adjacent precincts may be aggregated for purposes of data collection. In establishing precinct boundaries pursuant to the provisions of this subsection (5), county clerk and recorders and boards of county commissioners shall, to the extent reasonably possible, utilize natural and man-made boundaries that meet the requirements for visible features adopted by the United States bureau of the census. If the precinct boundaries used in the general election in years ending in the number eight are changed prior to the next general election in years ending in the number zero pursuant to federal law, the county clerk and recorders shall timely submit in writing to the director of research of the legislative council a list showing the precincts for which the boundaries have changed.
6. Repealed.
7. In any county, the county clerk and recorder may alter the precinct boundaries when necessary to ensure that no precinct is located in more than one county commissioner district.

Source: L. 92: Entire article R&RE, p. 700, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 835, § 45, effective July 1. L. 97: (5) added, p. 1056, § 2, effective May 27; (4) added, p. 5, § 1, effective August 6. L. 98: (6) added, p. 635, § 8, effective May 6. L. 99: (4) amended, p. 1389, § 7, effective June 4. L. 2000: (1) amended, p. 265, § 2, effective August 2. L. 2004: (4) repealed, p. 1104, § 2, effective May 27; (3) amended, p. 1343, § 4, effective May 28. L. 2007: (6) amended, p. 1778, § 12, effective June 1. L. 2008: (5) amended, p. 1743, § 4, effective July 1. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 703, § 29, effective May 10. L. 2021: (2) repealed, (3) amended, and (7) added, (HB 21-1047), ch. 70, p. 288, § 5, effective April 29.

1-5-101.5. Precinct numbering.

1. There is hereby created a precinct numbering system that shall be used by the county clerk and recorder of each county of the state in numbering election precincts established in accordance with section 1-5-101. The precinct numbering system created pursuant to this section shall not be used until the reapportionment of senatorial and representative districts required to be conducted after the 2000 federal census pursuant to section 48 of article V of the Colorado constitution is completed, but the precinct numbering system shall be implemented by each county clerk and recorder no later than July 1, 2002.
2. Any election precinct established pursuant to the provisions of section 1-5-101 shall be numbered with a ten digit number as follows:
   1. The first digit of the precinct number shall consist of the number of the congressional district in which the precinct is contained.
   2. The second and third digits of the precinct number shall consist of the number of the state senatorial district in which the precinct is contained. If the state senatorial district consists of one digit, such digit shall be preceded by a zero for purposes of the precinct number.
   3. The fourth and fifth digits of the precinct number shall consist of the number of the state representative district in which the precinct is contained. If the state representative district consists of one digit, such digit shall be preceded by a zero for purposes of the precinct number.
   4. The sixth and seventh digits of the precinct number shall consist of the number assigned by the secretary of state to represent the county in which the precinct is contained.
   5. The last three digits of the precinct number shall consist of an individual precinct number as determined by the county clerk and recorder.
3. Any changes in election precinct numbering required pursuant to this section shall be completed and reported by the county clerk and recorder to the secretary of state in accordance with section 1-5-103 (3).

Source: L. 2000: Entire section added, p. 264, § 1, effective August 2. L. 2001: IP(2) amended and (2)(c.5) added, p. 1003, § 8, effective August 8.

1-5-102. Establishing precincts and voter service and polling centers for nonpartisan elections.

1. For nonpartisan elections other than coordinated elections, no later than twenty-five days prior to the election, the designated election official, with the approval of the governing body with authority to call elections, shall divide the jurisdiction into as many election precincts as it deems expedient for the convenience of eligible electors of the jurisdiction and shall designate the polling place for each precinct. The election precincts shall consist of one or more whole general election precincts wherever practicable, and the designated election official and governing body shall cooperate with the county clerk and recorder and the board of county commissioners of their political subdivisions to accomplish this purpose. Wherever possible, the polling places shall be the same as those designated by the county for partisan elections.
2. The county clerk and recorder, no later than one hundred twenty days prior to a regular special district election or regular election of any other political subdivision, shall prepare a map of the county showing the location of the voter service and polling centers and precinct boundaries utilized in the last November election. Copies of the map shall be available for inspection at the office of the county clerk and recorder and for distribution to the designated election official of each political subdivision.
3. The county clerk and recorder shall maintain a list of owners or contact persons who, to the clerk's knowledge, may grant permission to political subdivisions to use the locations identified on the map for voter service and polling centers. The clerk shall, upon request of the designated election official of a political subdivision, provide a copy of the list, or a part of the list as requested by the designated election official.

Source: L. 92: Entire article R&RE, p. 700, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1155, § 19, effective July 1. L. 95: (1) amended, p. 836, § 46, effective July 1. L. 96: (1) amended, p. 1741, § 29, effective July 1. L. 99: (1) and (2) amended, p. 770, § 37, effective May 20. L. 2013: (2) and (3) amended, (HB 13-1303), ch. 185, p. 704, § 30, effective May 10.

Cross references: In 2013, subsections (2) and (3) 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.

1-5-102.5. Establishing polling places for coordinated elections. (Repealed)

Source: L. 93: Entire section added, p. 1408, § 40, effective July 1. L. 98: Entire section amended, p. 582, § 15, effective April 30. L. 99: (1) amended, p. 771, § 38, effective May 20. L. 2004: (2) repealed, p. 1104, § 3, effective May 27. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.

Cross references: In 2013, this section 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.

1-5-102.7. Combining precincts and polling places - vote centers. (Repealed)

Source: L. 2004: Entire section added, p. 1105, § 4, effective May 27. L. 2006: (5) and (8) amended, p. 2031, § 9, effective June 6. L. 2007: (4) and (5)(b) amended, p. 1974, § 15, effective August 3. L. 2013: Entire section repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10.

Cross references: In 2013, this section 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.

1-5-102.9. Voter service and polling centers - number required - services provided - drop-off locations - definition.

1. 1. For general elections, each county clerk and recorder shall designate a minimum number of voter service and polling centers, as follows:
      1. For counties with at least two hundred fifty thousand active electors:
         1. During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors;
         2. During the period from the fourth day before the election to the second day before the election, at least one voter service and polling center for each twenty thousand active electors; and
         3. On the day before the election and on election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
      2. For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors:
         1. During the period from the fifteenth day before the election to the fifth day before the election, at least one voter service and polling center for each seventy-five thousand active electors; except that there must be at least one voter service and polling center in each such county;
         2. During the period from the fourth day before the election to the day before the election, at least one voter service and polling center for each twenty thousand active electors; and
         3. On election day, at least one voter service and polling center for each twelve thousand five hundred active electors.
      3. For counties with at least ten thousand but fewer than thirty-seven thousand five hundred active electors:
         1. During the period from the fifteenth day before the election to the day before the election, at least one voter service and polling center; and
         2. On election day, at least three voter service and polling centers.
      4. For counties with fewer than ten thousand active electors, during the fifteen-day period prior to and including the day of the election, at least one voter service and polling center.
   2. 1. For the purposes of subsections (1)(a) and (5) of this section, the number of active electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.
      2. Repealed.
   3. 1. For a general election, a county clerk and recorder shall designate a voter service and polling center on the campus of a state institution of higher education located within the county as follows:
         1. During the period from the fifteenth day before the election to the second day before the election, one voter service and polling center on each campus that has ten thousand or more enrolled students; and
         2. On the day before the election and on election day, one voter service and polling center on each campus that has two thousand or more enrolled students.
      2. In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter service and polling center designated in accordance with this subsection (1)(b.5) may count toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (1)(b.5) must be in addition to the minimum requirements of subsection (1)(a) of this section.
      3. A county clerk and recorder shall confer with a state institution of higher education about the location for a voter service and polling center designated on a campus.
      4. A voter service and polling center designated under this subsection (1)(b.5) on a campus that has twenty thousand or more enrolled students on January 1 of the year of the election must be located within the student center unless such placement creates an undue burden for the institution of higher education.
      5. 1. As used in this subsection (1)(b.5), the number of enrolled students at a campus is the highest number of all full-time, part-time, graduate, and undergraduate students, not including students solely registered for online courses and concurrent enrollment students, during the fall semester of the year of the previous general election according to data collected by the department of higher education. The department of higher education shall provide the data to the secretary of state on or before December 1 of each general election year. The secretary of state shall determine from the data which campuses meet the enrollment thresholds for the next general election.
         2. Notwithstanding subsection (1)(b.5)(V)(A) of this section, due to the impact of the COVID-19 pandemic, for any election for which the number of enrolled students would be based on data from the fall semester of 2020, the secretary of state shall use data for the fall semester of 2019 instead of data from the fall semester of 2020 to determine the number of enrolled students for purposes of subsection (1)(b.5)(I) of this section. The department of higher education shall provide the data for the fall semester of 2019 to the secretary of state on or before October 1, 2021.
      6. As used in this subsection (1)(b.5), "campus" means any collection of buildings and surrounding grounds owned or used by a state institution of higher education to regularly provide students with education, housing, or college activities. If one or more state institutions of higher education share buildings or grounds, or if the campuses of one or more state institutions of higher education are adjacent or otherwise connected, the shared or connected buildings and grounds constitute a single campus for the purposes of this subsection (1)(b.5).
   4. For a general election, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county clerk and recorder shall designate a voter service and polling center within the boundaries of the reservation on the day before election day and on election day. A request under this subsection (1)(b.7) must be made no later than one hundred eighty days before the date of the election.
   5. 1. In designating voter service and polling center locations pursuant to this subsection (1), each county clerk and recorder shall consider the following factors to address the needs of the county:
         1. Proximity to public transportation lines and availability of parking;
         2. Geographic features, such as mountain passes, that tend to affect access and convenience;
         3. Equitable distribution across the county so as to afford maximally convenient options for electors;
         4. The existence and location of population centers;
         5. Access for persons with disabilities;
         6. Use of existing voting locations that typically serve a significant number of electors;
         7. Use of public buildings that are known to electors in the county, especially to the extent that using such buildings results in cost savings compared to other potential locations;
         8. When private locations are considered or designated as voter service and polling centers in accordance with section 1-5-105 (3), methods and standards to ensure the security of voting conducted at such locations;
         9. Proximity to historically under-represented communities;
         10. If a proposed location was used in a previous election, the number of electors that used the location in the previous election and the recorded wait times at the location, or the number of electors and recorded wait times at nearby locations; and
         11. The need to place voter service and polling centers in population centers that had lower voter turnout in previous elections.

             (I.5) A county clerk and recorder who requests the use of a public building that receives funding from government sources to designate as a voter service and polling center or drop box site shall be given priority over other uses of the building. The appropriate authority for the building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental rate for the building.

      2. In designating voter service and polling centers, a county clerk and recorder shall solicit public comments. The county clerk and recorder shall post a notice seeking public comment no later than two hundred fifty days before the election and shall accept comments through the one hundred ninetieth day before the election.
      3. 1. A county clerk and recorder shall not designate a police station, sheriff's office, or town marshal's office as a voter service and polling center; except that a county clerk and recorder may designate as a voter service and polling center a multipurpose building that includes a police station, sheriff's office, or town marshal's office.
         2. A county clerk and recorder may apply to the secretary of state for a waiver of the requirements of subsection (1)(c)(III)(A) of this section. If the secretary of state finds that there is not another equivalent site for a voter service and polling center nearby, the secretary of state shall grant the waiver.
   6. Each county clerk and recorder shall submit the proposed voter service and polling center locations to the secretary of state as part of the election plan.
   7. A county clerk and recorder may designate a greater number of voter service and polling centers than the minimum required by this section.
2. Voter service and polling centers must be open, at a minimum, for the fifteen-day period prior to and including the day of the election as follows:
   1. In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section:
      1. During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open continuously at least from 8 a.m. to 5 p.m.; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period.
      2. On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
   2. In all other counties:
      1. During the period from the fifteenth day before the election to the day before the election, voter service and polling centers must be open during the normal business hours for the county; except that voter service and polling centers are not required to be open on Sundays or on the first Saturday of this period, and must be open for at least four hours continuously on the second Saturday of this period.
      2. On election day, voter service and polling centers must be open continuously from 7 a.m. to 7 p.m.
3. Each voter service and polling center must provide:
   1. The ability for an eligible elector to register to vote pursuant to section 1-2-217.7;
   2. The ability for an eligible elector to cast a ballot;
   3. The ability for an eligible elector to update his or her address pursuant to section 1-2-217.7;
   4. The ability for an eligible elector who has legally changed his or her name to have his or her name changed pursuant to section 1-2-218;
   5. The ability for an unaffiliated registered elector to affiliate with a political party and cast a ballot in a primary election;
   6. Secure computer access;
   7. Facilities and equipment that are compliant with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
   8. Direct record electronic voting machines or other voting systems accessible to electors with disabilities as provided in part 7 of article 5 of this title;
   9. Voting booths;
   10. Original and replacement ballots for distribution;
   11. Mail ballots to requesting electors, including a sufficient supply of replacement ballots or the ability to print a sufficient number of ballots on demand to provide to registered electors in the event there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301;
   12. The ability to accept mail ballots that are deposited by electors;
   13. The ability of a person to cast a provisional ballot; and
   14. The ability of a person to obtain and return a form pursuant to section 1-7.5-107.3 (2)(a) confirming the person returned a ballot or to provide a copy of identification or a signature in accordance with section 1-2-502.5 (4)(c), 1-7.5-107 (3.5)(d), or 1-7.5-107.3 (1.5), in order to cure a ballot the person previously cast.

   (3.5) If an elector desires to vote by casting a ballot at a voter service and polling center but there are technical problems accessing the centralized statewide voter registration system maintained pursuant to section 1-2-301 at the voter service and polling center, the elector shall be allowed to obtain and cast a replacement mail ballot if the elector's registration can be verified by contacting the county clerk and recorder by telephone or electronic mail, if practical, or by other means. If the elector's eligibility cannot be verified by a voter service and polling center election judge, the elector is entitled to cast a provisional ballot in accordance with article 8.5 of this title 1.

4. Repealed.
5. 1. In addition to providing voter service and polling centers in accordance with this section, counties shall also establish drop boxes for the purpose of allowing electors to deposit their completed mail ballots in a general election as follows:
      1. For counties with at least two hundred fifty thousand active electors, at least one drop box for each twelve thousand five hundred active electors.
      2. For counties with at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least one drop box for each fifteen thousand active electors.
      3. For counties with at least fifteen thousand but fewer than thirty-seven thousand five hundred active electors, at least two drop boxes.
      4. For counties with fewer than fifteen thousand active electors, at least one drop box.
   2. For a general election, in addition to the requirements of subsection (5)(a) of this section, a county shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with subsection (1)(b.5)(III) of this section.
   3. Each drop box must accept mail ballots delivered by electors for the fifteen-day period prior to and including the day of the election.
   4. 1. The placement and security of each drop box must be determined by each county, subject to the requirements of subsection (5)(d)(II) of this section and in accordance with the secretary of state's current security rules. Counties are encouraged to establish drop boxes in community-based locations.
      2. A county clerk and recorder shall not establish a drop box at a police station, sheriff's office, or town marshal's office; except that:
         1. A county clerk and recorder may establish a drop box in a multipurpose building that includes either the county clerk and recorder's office or the municipal clerk's office and also includes a police station, sheriff's office, or town marshal's office; and
         2. The requirements of this subsection (5)(d)(II) do not apply to a drop box that was established on or before June 21, 2021.
   5. For a general election, in addition to the requirements of subsection (5)(a) of this section, at the request of the tribal council of an Indian tribe located on a federal reservation whose headquarters are within the county's boundaries, a county shall establish a drop-off location within the boundaries of the reservation. The drop-off location must accept ballots for the fifteen-day period prior to and including the day of the election.
   6. A county may establish additional drop-off locations at the county's discretion. A drop-off location must be located in a secure place under the supervision of a municipal clerk, an election judge, or a member of the clerk and recorder's staff.
6. Repealed.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 704, § 31, effective May 10. L. 2016: (3)(f) amended, (SB 16-142), ch. 173, p. 578, § 37, effective May 18. L. 2019: (1)(a), (1)(b)(I), (1)(c)(I)(G), (1)(c)(I)(H), (1)(c)(II), (1)(d), (2), and (3.5) amended, (1)(b.5), (1)(b.7), (1)(c)(I)(I), (1)(c)(I.5), (1)(c)(III), (5), and (6) added, and (4) repealed, (HB 19-1278), ch. 326, p. 3020, § 30, effective August 2. L. 2021: (1)(b.5)(V), (1)(c)(I)(H), IP(2)(a), (3)(k), (3)(l), (3)(m), and (5)(d) amended, (1)(c)(I)(J), (1)(c)(I)(K), and (3)(n) added, and (6) repealed, (SB 21-250), ch. 282, p. 1644, § 28, effective June 21.

1-5-103. Changes in boundaries - partisan elections.

1. Changes in the boundaries of precincts or the creation of new precincts for partisan elections must be completed no later than twenty-nine days prior to the first Tuesday in March, except in cases of precinct changes resulting from changes in county boundaries.
2. Subject to approval by the board of county commissioners, the county clerk and recorder shall change the location of any polling location upon a petition of a majority of the eligible electors residing within a county if the request is made at least ninety days prior to the primary election.
3. All changes in precinct boundaries or numbering for partisan elections, including changes required pursuant to section 1-5-101.5, shall be reported within ten days by the county clerk and recorder to the secretary of state, and a corrected precinct map shall be transmitted to the secretary of state as soon as possible after the changes have been effected.

Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 94: (1) amended, p. 1769, § 26, effective January 1, 1995. L. 95: (1) amended, p. 836, § 47, effective July 1. L. 99: (1) amended, p. 771, § 39, effective May 20. L. 2000: (3) amended, p. 265, § 3, effective August 2. L. 2002: (1) amended, p. 134, § 5, effective March 27. L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 707, § 32, effective May 10. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1646, § 29, effective June 21.

1-5-104. Changes in boundaries - nonpartisan elections.

1. Changes in the boundaries of precincts or the creation of new precincts for nonpartisan elections shall be completed no later than twenty-five days prior to scheduled elections, except in cases of precinct changes resulting from changes in the jurisdiction's boundaries.
2. All changes in precinct boundaries or numbering for nonpartisan elections shall be reported to the county clerk and recorder within ten days by the designated election official, and a corrected precinct map shall be transmitted to the county clerk and recorder as soon as possible after the changes have been effected.
3. Each governing body shall change any polling place upon a petition of a majority of the eligible electors residing within a precinct if the request is made at least forty-five days prior to the next scheduled election and another polling place location is reasonably available.
4. Except as provided by law, no polling place shall be changed after the twenty-fifth day prior to an election.

Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1408, § 41, effective July 1. L. 96: (1), (3), and (4) amended, p. 1742, § 30, effective July 1. L. 99: (1) amended, p. 771, § 40, effective May 20.

1-5-105. Restrictions.

1. No election-related activity may be conducted within one hundred feet of any building in which a polling location or drop-off location is located except that of the conduct of the election at the polling location or drop-off location.
2. No polling location or drop-off location shall be located in a room in which any intoxicating malt, spirituous, or vinous liquors are being served.
3. The polling locations or drop-off locations shall be in public locations wherever possible. A private location may be used only when no appropriate public location is available.
4. For the purposes of subsection (1) of this section and section 1-13-714, when a polling location or drop-off location is within a multi-use building such as a shopping mall or county office building, the "building" is considered the room in which ballots are cast, any waiting room or hall where electors wait to vote, as well as a primary corridor where electors walk to an interior polling location or drop-off location, and the designated exterior door to the multi-use building in which the polling location or drop-off location is located.

Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993. L. 93: (2) and (3) amended, p. 1408, § 42, effective July 1. L. 95: (4) added, p. 836, § 48, effective July 1. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 33, effective May 10.

Editor's note: This section is similar to former § 1-6-101 (5) and (6) as it existed prior to 1992. For a detailed comparison, see the comparative tables located at the back of the index.

Cross references: 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.

1-5-106. Polling location or drop-off location - designation by sign.

1. 1. All polling locations must be designated by signs conspicuously posted pursuant to subsection (1)(b) of this section at least twenty days before each election and during the period polling locations are open. The sign shall be substantially in the following form: "Polling place/voter service and polling center for county ....". The lettering on the sign must be black on a white background. The letters and numerals of the title must be at least four inches in height. In addition, the sign must state the hours the polling location will be open.
   2. At a minimum, each polling location must be marked by at least one outdoor sign at each entrance to the parking lot or building where the polling location is located and indoor signs sufficient to locate the polling location once inside the building.
2. All stand-alone drop-off locations must be designated by a sign conspicuously posted during the time that drop-off locations are available to receive mail ballots.

Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 836, § 49, effective July 1. L. 2007: Entire section amended, p. 1975, § 16, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 34, effective May 10. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1646, § 30, effective June 21.

1-5-107. Polling places for disabled electors - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-108. Election judges may change polling locations and drop-off locations.

1. 1. If it becomes impossible or impracticable to hold an election because of an emergency at the designated polling location, the election judges, after assembling at or as near as practicable to the original designated polling location, may move to the nearest convenient place for holding the election and at the newly designated place forthwith proceed with the election. The election judges shall notify the designated election official of the change as soon as possible.
   2. Upon moving to a new polling location, the election judges shall display a proclamation of the change at the original polling location to notify all electors of the new location for holding the election. The proclamation must contain a statement explaining the specific nature of the emergency that required the change in the polling location and must provide the street address of the new location.
2. If an emergency renders a drop-off location impossible or impracticable for use in an election, the designated election official shall relocate the drop-off location to the nearest convenient place.

Source: L. 98: Entire section added, p. 583, § 16, effective April 30. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 35, effective May 10.

Cross references: 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.

1-5-201. Notice of presidential primary election. (Repealed)

Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 93: Entire section repealed, p. 1409, § 43, effective July 1.

1-5-201.5. Legislative declaration - purpose.

The general assembly declares that the purpose of this part 2 is to provide adequate notice of elections at a reasonable cost to the taxpayers of the state and its political subdivisions.

Source: L. 94: Entire section added, p. 1155, § 20, effective July 1.

1-5-202. Notice of presidential primary and primary election by secretary of state and county clerk and recorder. (Repealed)

Source: L. 92: Entire article R&RE, p. 702, § 8, effective January 1, 1993. L. 93: (1) and (2) amended, p. 1409, § 44, effective July 1. L. 94: Entire section amended, p. 1155, § 21, effective July 1. L. 96: (2) amended, p. 1742, § 31, effective July 1. L. 99: (1) and (2) amended, p. 771, § 41, effective May 20. L. 2002: Entire section repealed, p. 1642, § 39, effective June 7.

1-5-203. Certification of ballot.

1. 1. Except as provided in subsection (1)(c) of this section, no later than sixty days before any primary election, and no later than fifty-seven days before any general or odd-year November election or congressional vacancy election, the secretary of state shall deliver by electronic transmission and registered mail to the county clerk and recorder of each county a certificate in writing of the ballot order and content for each county, as follows:
      1. For general elections, the certificate shall specify the national and state officers and the district officers of state concern for whom some or all of the eligible electors of the county are entitled to cast ballots at the general election. The certificate shall include the name and party or other designation of each candidate for whom some or all of the eligible electors of the county are entitled to cast ballots and for whom a petition or certificate of nomination has been filed with the secretary of state, the name and party of each candidate nominated at the primary election for a national or state office or a district office of state concern, and the order of the ballot and the ballot content for the election. With regard to the election of members to the general assembly, the notice shall also specify the district number and the names of the members whose terms of office will expire.
      2. For primary elections, the certificate shall specify the offices for which nominations are to be made. The notice shall include a certified list of persons for whom certificates of designation or petitions have been filed with the secretary of state and the office for which each person is a candidate, together with the other details mentioned in the certificates of designation or petitions, and the order of the ballot for the primary election.
      3. For any election at which one or more ballot issues or ballot questions are to be submitted to the eligible electors of the entire state, the secretary of state shall certify the order of ballot and ballot content with respect to such ballot issues or ballot questions to the county clerk and recorder of each county of the state.
   2. The secretary of state shall be solely responsible for the accuracy of the information contained in the certificate.
   3. Repealed.
2. (Deleted by amendment, L. 2002, p. 1626 , § 4, effective June 7, 2002.)
3. 1. No later than sixty days before any election, the designated election official of each political subdivision that intends to conduct an election shall certify the order of the ballot and ballot content. Such certification shall be delivered to the county clerk and recorder of each county that has territory within the political subdivision if the election is coordinated with the clerk and recorder. The order of the ballot and ballot content shall include the name and office of each candidate for whom a petition has been filed with the designated election official and any ballot issues or ballot questions to be submitted to the eligible electors.
   2. (Deleted by amendment, L. 2002, p. 1626 , § 4, effective June 7, 2002.)
   3. The state or a political subdivision that issues a certificate pursuant to this subsection (3) shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to the provisions of section 1-5-412 shall be corrected at the expense of the political subdivision whose designated election official issued the defective certificate or, at the expense of the state, if the secretary of state issued the defective certificate.

Source: L. 92: Entire article R&RE, p. 703, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1409, § 45, effective July 1. L. 94: Entire section amended, p. 1156, § 22, effective July 1. L. 99: Entire section amended, p. 772, § 42, effective May 20. L. 2002: (1), (2), (3)(a), and (3)(b) amended, p. 1626, § 4, effective June 7. L. 2003: IP(1) amended, p. 495, § 2, effective March 5. L. 2005: IP(1) and (3)(a) amended, p. 1402, § 21, effective June 6; IP(1) and (3)(a) amended, p. 1437, § 21, effective June 6. L. 2006: (1) amended, p. 1487, § 1, effective June 1. L. 2020: IP(1)(a) amended and (1)(c) added, (HB 20-1359), ch. 23, p. 87, § 9, effective March 16.

1-5-204. Call for nominations for nonpartisan elections. (Repealed)

Source: L. 92: Entire article R&RE, p. 703, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1409, § 46, effective July 1. L. 94: Entire section amended, p. 1157, § 23, effective July 1. L. 96: Entire section repealed, p. 1742, § 32, effective July 1.

1-5-205. Published and posted notice of election - content.

1. The designated election official, or the coordinated election official if so provided by an intergovernmental agreement, no later than twenty days before each election, shall provide notice by publication of the election as described by section 1-1-104 (34), which notice must state, as applicable for the particular election for which notice is provided, the following:
   1. The date of the election;
   2. The hours during which the polling locations and, as appropriate, drop-off locations will be open;
   3. The addresses of the polling locations;
   4. The addresses of the drop-off locations;
   5. Repealed.
   9. (Deleted by amendment, L. 2002, p. 1627 , § 5, effective June 7, 2002.)
   (1.2) (Deleted by amendment, L. 2002, p. 1627 , § 5, effective June 7, 2002.)

   (1.3) A copy of the notice required by this section shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the designated election official or the clerk and recorder if the election is coordinated by the clerk and recorder. Sample ballots may be used as notices so long as the information required by this section is included with the sample ballot.

   (1.4) Publication of the notice required by subsection (1) of this section by the clerk and recorder for a coordinated election shall satisfy the publication requirement for all political subdivisions participating in the coordinated election.

   (1.5) (Deleted by amendment, L. 2002, p. 1627, § 5, effective June 7, 2002.)

2. At the time that notice by publication is made, the designated election official shall also mail a copy of the notice of the election to the county clerk and recorders of the counties in which the political subdivision is located if the clerk and recorder is not the coordinated election official.
3. When there is a vacancy for an unexpired term in any national or state office or a district office of state concern that is by law to be filled at any general or congressional vacancy election, the secretary of state, no later than fifty-five days prior to the election, shall give notice in writing by publishing a notice in at least one newspaper of general circulation in the state or in the congressional district in which the vacancy is to be filled. The notice shall specify the office in which the vacancy exists, the cause of the vacancy, the name of the officer in whose office it has occurred, and the time when the term of office will expire.
4. For a primary mail ballot election, in addition to the items described in subsection (1) of this section, the notice shall advise eligible electors who are not affiliated with a political party of the electors' ability to select and cast a ballot of one major political party in the primary election.

Source: L. 92: Entire article R&RE, p. 704, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1410, § 47, effective July 1. L. 94: Entire section amended, p. 1157, § 24, effective July 1. L. 96: IP(1), (1)(h), and (1)(i) amended and (1.2) added, p. 1743, § 33, effective July 1. L. 99: IP(1) and (1.5) amended, p. 773, § 43, effective May 20. L. 2000: (1)(g) amended, p. 299, § 7, effective August 2. L. 2002: Entire section amended, p. 1627, § 5, effective June 7. L. 2007: (1)(d) amended, p. 1778, § 13, effective June 1. L. 2013: IP(1), (1)(b), (1)(c), and (1)(d) amended, (HB 13-1303), ch. 185, p. 709, § 36, effective May 10. L. 2016: (1)(e) repealed and (4) added, (SB 16-142), ch. 173, p. 579, § 38, effective May 18. L. 2019: (4) amended, (HB 19-1278), ch. 326, p. 3026, § 31, effective August 2.

Editor's note: This section is similar to former § 1-6-202 (2) as it existed prior to 1992.

Cross references: (1) For the correction of errors in publication, see § 1-5-412.

(2) In 2013, the introductory portion to subsection (1) and subsections (1)(b), (1)(c), and (1)(d) 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.

(3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-5-206. Postcard notice - reimbursement of mailing cost - definition. (Repealed)

Source: L. 92: Entire article R&RE, p. 704, § 8, effective January 1, 1993. L. 93: (2)(a) amended, p. 1766, § 5, effective June 6; (1) and (2)(a) amended and (4) added, p. 1410, § 48, effective July 1. L. 94: Entire section amended, p. 1158, § 25, effective July 1; (1) amended, p. 1769, § 27, effective January 1, 1995. L. 95: (1) amended, p. 837, § 50, effective July 1. L. 97: (1) amended, p. 477, § 19, effective July 1. L. 99: (2)(a) amended, p. 773, § 44, effective May 20; (1) amended, p. 1389, § 8, effective June 4; (1) amended, p. 279, § 5, effective August 4. L. 2000: (1) and (2) amended, p. 1084, § 1, effective August 2. L. 2002: (1)(b) and (2) amended, p. 1629, § 6, effective June 7. L. 2007: (1)(b) amended, p. 1778, § 14, effective June 1. L. 2008: (1)(a) amended and (5) added, p. 1875, § 2, effective June 2. L. 2009: (1)(a) amended, (SB 09-292), ch. 369, p. 1938, § 1, effective August 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 709, § 37, effective May 10. L. 2016: Entire section repealed, (SB 16-142), ch. 173, p. 593, § 82, effective May 18.

Editor's note: This section was similar to former § 1-2-222 (1)(a) as it existed prior to 1992.

1-5-206.5. Ballot issue notice. (Repealed)

Source: L. 94: Entire section added, p. 1159, § 26, effective July 1. L. 96: Entire section repealed, p. 1775, § 84, effective July 1.

1-5-206.7. Failure to receive mailed notice.

Any election for which a notice was mailed shall not be invalidated on the grounds that an eligible elector did not receive the ballot issue notice, mailed information, or mailed notification of the election required by this code or the state constitution if the designated election official or coordinated election official acted in good faith in making the mailing. Good faith is presumed if the designated election official or coordinated election official mailed the ballot issue notice, information, or notification to the addresses appearing on a registration list for the political subdivision as provided by the county clerk and recorder, and, where applicable, the list of property owners provided by the county assessor.

Source: L. 94: Entire section added, p. 1159, § 26, effective July 1.

1-5-207. Court-ordered elections.

1. When an election is ordered by the court for a special district, the court shall authorize the designated election official to give notice as provided in the order.
2. For an organizational election, the notice by publication shall include the purposes of the election, the estimated operating and debt service mill levies and fiscal year spending for the first year following organization, and the boundaries of the special district. The notice by publication shall recite the election date, which shall be not less than ten days after publication of the election notice.
3. For a dissolution election, the notice by publication shall include the plan for dissolution or a summary of the plan and the place where a member of the public may inspect or obtain a copy of the complete plan. The notice by publication shall recite the election date, which shall be not less than ten days after publication of the election notice.

Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1160, § 27, effective July 1.

1-5-208. Election may be canceled - when.

1. (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5, 2010.)

   (1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election of persons to office and if, at the close of business on the sixty-third day before the election, there are not more candidates than offices to be filled at the election, including candidates filing affidavits of intent, the designated election official, if instructed by resolution of the governing body, shall cancel the election and declare the candidates elected.

2. Except for initiative and recall elections, no later than twenty-five days before an election conducted as a coordinated election in November, and at any time prior to any other elections, a governing body may by resolution withdraw one or more ballot issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the governing body.
3. If the electors are to consider the election of persons to office and ballot issues or ballot questions, the election may be canceled by the governing body only in the event that all of the conditions of subsection (1.5) of this section exist and that all ballot issues or ballot questions have been withdrawn from the ballot pursuant to subsection (2) of this section.
4. Except as provided in subsection (2) of this section, no election may be canceled in part.
5. Unless otherwise provided by an intergovernmental agreement pursuant to section 1-7-116, upon receipt of an invoice, the governing body shall within thirty days promptly pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election or withdrawn ballot issues or ballot questions.
6. The governing body shall provide notice by publication of the cancellation of the election. A copy of the notice must be posted in the office of the designated election official and in the office of the clerk and recorder for each county in which the political subdivision is located and, for special districts, a copy of the notice must be filed in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled and that they were elected by acclamation.

Source: L. 92: Entire article R&RE, p. 705, § 8, effective January 1, 1993. L. 94: Entire section amended, p. 1160, § 28, effective July 1; entire section amended, p. 1769, § 28, effective January 1, 1995. L. 95: (1) and (6) amended, p. 837, § 51, effective July 1. L. 96: (1) amended and (1.5) added, p. 1743, § 34, effective July 1. L. 2000: (2), (3), (4), and (5) amended, p. 790, § 1, effective August 2. L. 2010: (1) and (1.5) amended, (HB 10-1116), ch. 194, p. 832, § 11, effective May 5. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 682, § 19, effective May 17. L. 2013: (6) amended, (HB 13-1303), ch. 185, p. 710, § 38, effective May 10. L. 2016: (6) amended, (SB 16-142), ch. 173, p. 579, § 39, effective May 18. L. 2018: (6) amended, (SB 18-233), ch. 262, p. 1608, § 12, effective May 29.

Editor's note: Amendments to this section in House Bill 94-1286 and House Bill 94-1294 were harmonized.

Cross references: In 2013, subsection (6) 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.

1-5-301. Registration record for partisan elections.

1. Digital registration records shall be maintained in the centralized statewide registration system created pursuant to section 1-2-301.
2. The county clerk and recorder shall provide the voter registration and voting records information to election judges for use at voter service and polling centers in all applicable elections.

Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 710, § 39, effective May 10. L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 560, § 11, effective May 9.

Editor's note: This section is similar to former § 1-6-301 as it existed prior to 1992.

Cross references: 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.

1-5-302. Computer lists may be used in lieu of original registration records.

For the purposes of all elections, the county clerk and recorder may substitute and supply computer lists of registered electors within the political subdivision for the original registration record. Following a primary, general, or congressional vacancy election, the county clerk and recorder shall record the date of election and, if a primary election, the party ballot received on the registered elector's original registration record.

Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 95: Entire section amended, p. 837, § 52, effective July 1. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 579, § 40, effective May 18.

Editor's note: This section is similar to former § 1-6-302 as it existed prior to 1992.

1-5-303. Registration records for nonpartisan elections.

1. No later than the fortieth day preceding the date of the scheduled nonpartisan election, the designated election official shall order the registration records. The designated election official may order a complete list of the registered electors as of the thirtieth day prior to the election with a supplementary list provided on the twentieth day, or the designated election official may order a complete list as of the twentieth day prior to the election. The county clerk and recorder shall certify and make available a complete copy of the list of the registered electors of each general election precinct that is located within the county and is involved in the election and, if the supplemental list is ordered no later than the twentieth day preceding the election, shall certify and make available a supplemental list of the eligible electors who have become eligible since the earlier list was certified. These lists shall substitute for the original registration record.
2. The registration list for each election precinct that is certified thirty days before the election shall contain the names and addresses of all registered electors residing within the precinct at the close of business on the fortieth day preceding the election. The registration list for each election precinct that is certified no later than twenty days before the election shall contain the names and addresses of all eligible electors residing within the precinct at the close of business on the thirtieth day prior to the election. If a supplemental list is ordered, it shall contain the names and addresses of all eligible electors who have become eligible within the period since the initial registration list was certified through the close of business on the thirtieth day preceding the election.
3. Costs for the lists shall be assessed by the county clerk and recorder and paid by the political subdivision holding the election. The fee for furnishing the lists shall be no less than twenty-five dollars for the entire list nor more than one cent for each name contained on the registration list, whichever is greater.
4. The order for the list may be canceled if the election is canceled pursuant to section 1-5-208 and the county clerk and recorder has not already prepared the list.

Source: L. 92: Entire article R&RE, p. 706, § 8, effective January 1, 1993. L. 95: (1) and (2) amended, p. 838, § 53, effective July 1.

1-5-304. Lists of property owners.

1. For elections where owning property in the political subdivision is a requirement for voting in the election, no later than the fortieth day preceding the date of the election, the designated election official, in addition to using the affidavit prescribed in section 32-1-806, C.R.S., shall order the list of property owners from the county assessor. Except as otherwise required under subsection (2) of this section, the county assessor shall certify and deliver an initial list of all recorded owners of taxable real and personal property within the political subdivision no later than thirty days before the election. The supplemental list for the political subdivision shall be provided no later than twenty days before the election and shall contain the names and addresses of all recorded owners who have become owners no later than thirty days prior to the election and after the initial list of property owners was provided. The cost for the lists shall be assessed by the county assessors and paid by the political subdivision holding the election. The fee for furnishing the lists shall be no less than twenty-five dollars for both lists nor more than one cent for each name contained on the lists, whichever is greater.
2. The designated election official of a special district may order the list described in subsection (1) of this section of all recorded owners of taxable real and personal property within the special district as of the thirtieth day before the election with a supplementary list to be provided on the twentieth day before the election, or the designated election official may order a complete list as of the twentieth day before the election.

Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1411, § 49, effective July 1. L. 94: Entire section amended, p. 1161, § 29, effective July 1. L. 99: Entire section amended, p. 773, § 45, effective May 20; entire section amended, p. 451, § 6, effective August 4.

Editor's note: Amendments to this section by Senate Bill 99-025 and House Bill 99-1268 were harmonized.

1-5-401. Method of voting.

1. For all general, primary, congressional vacancy, coordinated, odd-year, and recall elections, and for any election in which the governing body of a political subdivision other than a county determines that an election shall be by mail ballot, the county clerk and recorder or designated election official for the political subdivision, as applicable, shall conduct the election by mail ballot; except that votes cast at voter service and polling centers may be by paper ballots or by electronic or electromechanical voting systems.
2. For any election that the governing body of a political subdivision determines will be an independent mail ballot election, the designated election official for that political subdivision shall conduct the election by mail ballot in accordance with article 13.5 of this title.

Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1343, § 5, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 710, § 40, effective May 10. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 3, § 2, effective February 18.

Editor's note: This section is similar to former § 1-6-401 (1) as it existed prior to 1992.

Cross references: (1) For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) 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.

(3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

1-5-402. Primary election ballots.

1. No later than thirty-two days before the primary election, the county clerk and recorder shall prepare a separate ballot for each political party. The ballots shall be printed in the following manner:
   1. All official ballots shall be printed according to the provisions of sections 1-5-407 and 1-5-408; except that across the top of each ballot shall be printed the name of the political party for which the ballot is to be used.
   2. The positions on the ballot shall be arranged as follows: First, candidates for United States senator; next, congressional candidates; next, state candidates; next, legislative candidates; next, district attorney candidates; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next, county surveyor candidates; and next, county coroner candidates. When other offices are to be filled at the coming general election, the county clerk and recorder, in preparing the primary ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office.
2. Repealed.

Source: L. 92: Entire article R&RE, p. 707, § 8, effective January 1, 1993. L. 93: (1)(a) amended, p. 1766, § 6, effective June 6. L. 99: IP(1) amended, p. 774, § 46, effective May 20. Initiated 2016: (2) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825 . L. 2018: (2) repealed, (SB 18-233), ch. 262, p. 1608, § 13, effective May 29.

1-5-403. Content of ballots for general and congressional vacancy elections.

1. The county clerk and recorder of each county using paper ballots or electronically counted ballot cards shall provide printed ballots for every odd-numbered year, general, or congressional vacancy election. The official ballots shall be printed and in the possession of the county clerk and recorder no later than thirty-two days before every odd-numbered year, congressional vacancy, and general election.
2. For all elections except those for presidential electors, every ballot shall contain the names of all candidates for offices to be voted for at that election whose nominations have been made and accepted, except those who have died or withdrawn, and the ballot shall contain no other names. When presidential electors are to be elected, their names shall not be printed on the ballot, but the names of the candidates of the respective political parties or political organizations for president and vice president of the United States shall be printed together in pairs under the title "presidential electors". The pairs shall be arranged in the alphabetical order of the names of the candidates for president in the manner provided for in section 1-5-404. A vote for any pair of candidates is a vote for the duly nominated presidential electors of the political party or political organization by which the pair of candidates were named.
3. The names of joint candidates of a political party or political organization for the offices of governor and lieutenant governor shall be printed in pairs. The pairs shall be arranged in the alphabetical order of the names of candidates for governor in the manner provided for in section 1-5-404. A vote for any pair of candidates for governor and lieutenant governor is a vote for each of the candidates who compose that pair.
4. The name of each person nominated shall be printed or written upon the ballot in only one place. Each nominated person's name may include one nickname, if the person regularly uses the nickname and the nickname does not include any part of a political party name. Opposite the name of each person nominated, including candidates for president and vice president and joint candidates for governor and lieutenant governor, shall be the name of the political party or political organization which nominated the candidate, expressed in not more than three words. Those three words may not promote the candidate or constitute a campaign promise.
5. The positions on the ballot shall be arranged as follows: First, candidates for president and vice president of the United States; next, candidates for United States senator; next, congressional candidates; next, joint candidates for the offices of governor and lieutenant governor; next, other state candidates; next, legislative candidates; next, district attorney candidates; next, candidates for the board of directors of the regional transportation district; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next county surveyor candidates; and next, county coroner candidates. When other offices are to be filled, the county clerk and recorder, in preparing the ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office. The ballot issues concerning the retention in office of justices of the supreme court, judges of the court of appeals, judges of the district court, and judges of the county court shall be placed on the ballot in that order and shall precede the placement of ballot issues concerning amendment of the state constitution or pertaining to political subdivisions.

Source: L. 92: Entire article R&RE, p. 708, § 8, effective January 1, 1993. L. 97: (1) amended, p. 184, § 1, effective August 6. L. 99: (1) amended, p. 774, § 47, effective May 20. L. 2012: (4) amended, (HB 12-1292), ch. 181, p. 682, § 20, effective May 17.

Editor's note: This section is similar to former § 1-6-402 as it existed prior to 1992.

Cross references: For provision requiring joint election of governor and lieutenant governor, see § 1-4-204; for requirement that write-in candidate file affidavit of intent, see § 1-4-1101; for ballots for primary elections, see § 1-5-402; for printing and distribution of ballots, see § 1-5-410; for the furnishing of cards of instruction to election judges, see § 1-5-504; for the manner of voting in precincts which use paper ballots, see § 1-7-304; for ballots defectively marked, see § 1-7-309.

1-5-404. Arrangement of names on ballots for partisan elections.

1. In all partisan elections, the names of all candidates and joint candidates who have been duly nominated for office shall be arranged on the ballot under the designation of the office in three groups as follows:
   1. The names of the candidates of the major political parties shall be placed on the general election ballot in an order established by lot and shall comprise the first group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.
   2. The names of the candidates and joint candidates of the minor political parties shall be listed in an order established by lot and shall comprise the second group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.
   3. The names of the candidates and joint candidates of the remaining political organizations shall be listed in an order established by lot and shall comprise the third group; except that the joint candidates for president and vice president and the joint candidates for governor and lieutenant governor shall be arranged in the alphabetical order of the names of the candidates for president and governor.
2. Between July 1 and July 15 of each election year, the officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party that has nominated at least one candidate, and the representative of each political organization that has filed a nominating petition for at least one candidate of the time and place of the lot-drawing for offices to appear on the general election ballot. Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn. The name of the candidate shall be inserted on the ballot prior to the ballot certification.
3. The arrangement of names on ballots for congressional vacancy elections shall be established by lot at any time prior to the certification of ballots for the congressional vacancy election. The officer in receipt of the original designation, nomination, or petition of each candidate shall inform the major political parties, each minor political party, and the representatives of each political organization on file with the secretary of state of the time and place of the lot-drawing for the congressional election ballot. Ballot positions shall be assigned to the major political party, minor political party, or political organization in the order in which they are drawn.

Source: L. 92: Entire article R&RE, p. 710, § 8, effective January 1, 1993. L. 93: (1) and (3) amended, p. 1411, § 50, effective July 1. L. 98: Entire section amended, p. 258, § 11, effective April 13. L. 2012: (1)(a), (2), and (3) amended, (HB 12-1292), ch. 181, p. 682, § 21, effective May 17. L. 2019: (2) amended, (HB 19-1278), ch. 326, p. 3026, § 32, effective August 2.

Editor's note: This section is similar to former § 1-6-403 as it existed prior to 1992.

Cross references: For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-5-405. Arrangement of names on voting machines - testing of machines - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 710, § 8, effective January 1, 1993. L. 93: Entire section R&RE, p. 1412, § 51, effective July 1. L. 2004: (4) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (4) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-406. Content of ballots for nonpartisan elections.

The designated election official shall provide printed ballots for every election. The official ballots shall be printed and in the possession of the designated election official at least thirty days before the election. Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election, except those who have died or withdrawn, and the ballot shall contain no other names. The arrangement of the names shall be established by lot at any time prior to the certification of the ballot. The designated election official shall notify the candidates of the time and place of the lot-drawing for the ballot. The drawing shall be performed by the designated election official or a designee. The names shall be printed on the ballot without political party designation.

Source: L. 92: Entire article R&RE, p. 712, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1412, § 52, effective July 1.

1-5-407. Form of ballots.

1. 1. All ballots must be uniform and of sufficient length and width to allow for the names of candidates, officers, ballot issues, and ballot questions to be printed in clear, plain type, with a space between the different columns on the ballot. On each ballot the endorsement "Official ballot for ......................" must be printed, and after the word "for" follows the designation of the precinct, if appropriate, and the political subdivision for which the ballot is prepared, the date of the election, and a facsimile of the signature of the election official. The ballot shall not contain any caption or other endorsement, except as provided in this section. The election official shall use the same quality and tint of paper, the same kind of type, and the same quality and tint of plain black ink for all ballots prepared for one election.
   2. If the designated election official, in his or her discretion, elects to use ballot stubs, each ballot may have either one or two stubs to be divided into two spaces by two perforated or dotted lines. Each such space must be at least one inch wide. The top portion is called the stub and the next portion is called the duplicate stub. All ballots prepared under this paragraph (b) must be numbered consecutively. The same number must be printed on both the stub and the duplicate stub.

   (1.5) Repealed.

   (1.6) A ballot stub may be used, but is not required, for a ballot produced on demand, so long as the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the voting system. Such ballots may contain printed and distinguishing marks, so long as secrecy in voting is protected.

2. The ballots shall be printed so as to give to each eligible elector a clear opportunity to designate his or her choice of candidates, joint candidates, ballot issues, and ballot questions by a mark as instructed. On the ballot may be printed words that will aid the elector, such as "vote for not more than one".
3. At the end of the list of candidates for each different office shall be one or more blank spaces in which the elector may write the name of any eligible person not printed on the ballot who has filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101. The number of spaces provided shall be the lesser of the number of eligible electors who have properly filed an affidavit of intent of write-in candidate pursuant to section 1-4-1101 or the number of persons to be elected to the office. No such blank spaces shall be provided if no eligible elector properly filed an affidavit of intent of write-in candidate.
4. The names of the candidates for each office shall be arranged under the designation of the office as provided in section 1-5-404. The designated election official shall not print, in connection with any name, any title or degree designating the business or profession of the candidate. Each candidate's name may include one nickname, if the candidate regularly uses the nickname and the nickname does not include any part of a political party name.

   (4.5) If no candidate has been duly nominated and no person has properly filed an affidavit of intent of write-in candidate for an office, the following text shall appear under the designation of the office: "There are no candidates for this office.".

5. 1. Whenever the approval of a ballot issue or ballot question is submitted to the vote of the people, the ballot issue or question shall be printed upon the ballot following the lists of candidates. Except as otherwise provided in section 32-9-119.3 (2), C.R.S., referred amendments shall be printed first, followed by initiated amendments, referred propositions, initiated propositions, county issues and questions, municipal issues and questions, school district issues and questions, ballot issues and questions for other political subdivisions which are in more than one county, and then ballot issues and questions for other political subdivisions which are wholly within a county.
   2. Beginning with the 2010 general election:
      1. Each proposed change to the state constitution, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as an "amendment";
      2. Each proposed change to the Colorado Revised Statutes, whether initiated by the people or referred to the people by the general assembly, shall be identified on the ballot as a "proposition"; and
      3. A ballot issue or question containing both a proposed change to the state constitution and a proposed change to the Colorado Revised Statutes shall be identified on the ballot as an "amendment".
   1. (5.3) (a) Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the state constitution shall be numbered consecutively in regular numerical order beginning with the number sixty. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one and in accordance with this paragraph (a) following the utilization of the number ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
   2. Commencing with the general election held in November 2010, each statewide measure initiated by the people that is a proposed change to the Colorado Revised Statutes shall be numbered consecutively in regular numerical order beginning with the number one hundred one. Such consecutive numbering of measures shall continue at any odd-year or general election held after such election at which any such measure is on the ballot beginning with the number following the highest number utilized in the previous election until the number one hundred ninety-nine is utilized at an election for any such measure. Such measures shall again be numbered consecutively in regular numerical order beginning with the number one hundred one and in accordance with this paragraph (b) following the utilization of the number one hundred ninety-nine for any such measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (b). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
   1. (5.4) (a) Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the state constitution shall be lettered consecutively in regular alphabetical order beginning with the letter P. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letter following the last letter utilized in the previous election until the letter Z is utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letter A and in accordance with this paragraph (a) following the utilization of the letter Z for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (a). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
   2. Commencing with the general election held in November 2010, each statewide measure referred to the people by the general assembly that is a proposed change to the Colorado Revised Statutes shall be double-lettered consecutively in regular alphabetical order beginning with the letters AA. The consecutive lettering of such statewide referred measures shall continue at any odd-year or general election held after the election at which any statewide referred measure is on the ballot beginning with the letters following the last letters utilized in the previous election until the letters ZZ are utilized at an election for such a statewide referred measure. Such statewide referred measures shall again be lettered consecutively in regular alphabetical order beginning with the letters AA and in accordance with this paragraph (b) following the utilization of the letters ZZ for any such statewide referred measure. The secretary of state may promulgate rules as may be necessary to administer this paragraph (b). Any rules shall be promulgated in accordance with article 4 of title 24, C.R.S.

   (5.5) The coordinated election official may choose to follow the provisions of subsection (5) of this section, or may choose to use separate ballots. If separate ballots are used, the candidates shall be listed first, followed by measures to increase taxes, measures to increase debt, citizen petitions, and referred measures.

6. Whenever candidates are to be voted for only by the eligible electors of a particular district, county, or other political subdivision, the names of those candidates shall not be printed on any ballots other than those provided for use in the district, county, or political subdivision in which those candidates are to be voted on.
7. No printing or distinguishing marks shall be on the ballot except as specifically provided in this code or in section 1-40-106 (3)(e) to (3)(g).
8. Repealed.
9. If a referred measure, including but not limited to a measure referred by the school board of a multicounty school district or the board of directors of a multicounty special district to the registered electors of the school district or special district, is referred to registered electors of multiple counties, the alphabetical, numerical, or alphanumerical designation used to identify the measure shall be identical on each ballot that includes the measure.

Source: L. 92: Entire article R&RE, p. 712, § 8, effective January 1, 1993. L. 93: (1) and (5) amended and (5.5) added, p. 1412, § 53, effective July 1. L. 94: (1) amended and (8) added, p. 1161, § 30, effective July 1. L. 96: (3) amended, p. 1743, § 35, effective July 1. L. 97: (1) amended and (1.5) added, p. 184, § 2, effective August 6. L. 2000: (5.3) added, p. 299, § 8, effective August 2. L. 2002: (1), (2), (3), and (4) amended and (1.6) and (4.5) added, p. 1630, § 7, effective June 7. L. 2005: (5) amended and (5.4) and (9) added, p. 1265, § 1, effective June 3. L. 2009: (5) amended, (SB 09-108), ch. 5, p. 48, § 3, effective March 2; (5), (5.3), and (5.4) amended, (HB 09-1326), ch. 258, p. 1167, § 1, effective January 1, 2010. L. 2010: (5)(a) amended, (SB 10-216), ch. 413, p. 2041, § 1, effective June 10. L. 2012: (4) and (5)(b) amended, (HB 12-1292), ch. 181, p. 683, § 22, effective May 17. L. 2014: (1) and (1.6) amended and (1.5) and (8) repealed, (SB 14-161), ch. 160, p. 560, § 12, effective May 9. L. 2021: (7) amended, (HB 21-1321), ch. 474, p. 3395, § 2, effective July 7.

1-5-408. Form of ballots - electronic voting.

1. Ballot cards placed upon voting equipment shall, so far as practicable, be arranged as provided by sections 1-5-402, 1-5-403, and 1-5-404; except that they shall be of the size and design required by the voting equipment and may be printed on a number of separate ballot cards that are placed on the voting equipment.
2. If votes are recorded on a ballot card, a separate write-in ballot may be provided, which may be in the form of a paper ballot or envelope on which the elector may write in the title of the office and the name of a qualified write-in candidate.
3. Polling locations that use electromechanical voting systems may use ballot cards of different colors to ensure that electors receive a full ballot. Such polling locations may also use ballot cards of different colors for each party at primary elections.
4. Repealed.

Source: L. 92: Entire article R&RE, p. 713, § 8, effective January 1, 1993. L. 97: (4) amended, p. 185, § 3, effective August 6. L. 2004: (1), (3), and (4) amended, p. 1344, § 6, effective May 28. L. 2013: (3) amended and (4) repealed, (HB 13-1303), ch. 185, p. 711, § 41, effective May 10.

Editor's note: This section is similar to former § 1-6-405 as it existed prior to 1992.

Cross references: (1) For the legislative declaration contained in the 2004 act amending subsections (1), (3), and (4), see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) In 2013, subsection (3) was amended and subsection (4) 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.

1-5-409. Single cross mark for party slate not permitted.

Each office in every election shall be voted upon separately, and no emblem, device, or political party designation shall be used on the official ballot at any election by which an eligible elector may vote for more than one office by placing a single cross mark on the ballot or by writing in the name of any political party or political organization.

Source: L. 92: Entire article R&RE, p. 714, § 8, effective January 1, 1993.

Editor's note: This section is similar to former § 1-6-406 as it existed prior to 1992.

1-5-410. Printing and distribution of ballots.

1. In political subdivisions using paper ballots or electronic ballot cards, the designated election official shall have a sufficient number of ballots printed and distributed to the election judges in the respective polling locations.
2. This section does not apply to any election in which a ballot-on-demand system is used.

Source: L. 92: Entire article R&RE, p. 714, § 8, effective January 1, 1993. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 711, § 42, effective May 10.

Editor's note: This section is similar to former § 1-6-407 as it existed prior to 1992.

Cross references: 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.

1-5-411. Substitute ballots.

If the ballots to be furnished to any election judges are not delivered at the time and in the manner required in section 1-5-410 or if after delivery they are destroyed or stolen, it shall be the duty of the designated election official to cause other ballots to be prepared, as nearly in the form prescribed as practicable, with the words "substitute ballot" printed on each ballot. Upon receipt of the ballots thus prepared from the designated election official, accompanied by a statement under oath that the designated election official prepared and furnished the substitute ballots and that the original ballots have not been received or have been destroyed or stolen, the election judges shall cause the substitute ballots to be used at the election. If from any cause neither the official ballots nor the substitute ballots are ready in time to be distributed for the election 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 designated election official can be printed and delivered.

Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993.

Editor's note: This section is similar to former § 1-6-408 as it existed prior to 1992.

1-5-412. Correction of errors.

1. The designated election official shall correct without delay any errors in publication or in sample or official ballots which are discovered or brought to the official's attention and which can be corrected without interfering with the timely distribution of the ballots.
2. When it appears by verified petition of a candidate or the candidate's agent to any district court that any error or omission has occurred in the publication of the names or description of the candidates or in the printing of sample or official election ballots which has been brought to the attention of the designated election official and has not been corrected, the court shall issue an order requiring the designated election official to correct the error forthwith or to show cause why the error should not be corrected. Costs, including reasonable attorney fees, may be assessed in the discretion of the court against either party.
3. If, before the date set for election, a duly nominated candidate withdraws by filing an affidavit of withdrawal with the designated election official, or dies and the fact of the death becomes known to the designated election official before the ballots are printed, or is deemed disqualified, the name of the candidate shall not be printed on the ballots. Except in the case of a vacancy to be filled in accordance with section 1-4-1005, 1-4-1006, or 1-4-1009, if the ballots are already printed, the votes cast for the withdrawn, deceased, or disqualified candidate are invalid and shall not be counted.

Source: L. 92: Entire article R&RE, p. 715, § 8, effective January 1, 1993. L. 99: (3) amended, p. 934, § 3, effective August 4. L. 2007: (3) amended, p. 1975, § 17, effective August 3. L. 2017: (3) amended, (SB 17-209), ch. 234, p. 963, § 9, effective August 9.

Editor's note: This section is similar to former § 1-6-409 as it existed prior to 1992.

Cross references: For taxing reasonable attorney fees in favor of the defendant when an action is vexatiously commenced, see C.R.C.P. 3(a).

1-5-413. Sample ballots.

Sample ballots must be printed in the form of official ballots, but must be clearly marked as "SAMPLE BALLOT". Sample ballots must be delivered to the election judges and posted with the cards of instruction provided for in section 1-5-504. All sample ballots are subject to public inspection.

Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 579, § 41, effective May 18.

Editor's note: This section is similar to former § 1-6-410 as it existed prior to 1992.

1-5-501. Sufficient voting booths, voting machines, or electronic voting equipment.

1. At all elections in political subdivisions that use paper ballots, the governing body shall provide in each polling location a sufficient number of voting booths. Each voting booth shall be situated so as to permit eligible electors to prepare their ballots screened from observation and shall be furnished with supplies and conveniences necessary for voting.
2. At all elections in political subdivisions that use electronic or electromechanical voting systems, the designated election official shall supply each polling location with sufficient voting equipment.

Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 2004: (2) amended, p. 1344, § 7, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 43, effective May 10.

Editor's note: This section is similar to former § 1-6-501 as it existed prior to 1992.

Cross references: (1) For the legislative declaration contained in the 2004 act amending subsection (2), see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) 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.

1-5-502. Ballot boxes for nonmachine voting.

The governing body of each political subdivision using paper ballots or electronic vote counting equipment shall provide at least one ballot box for each polling location. The ballot boxes shall be strongly constructed so as to prevent tampering, with a small opening at the top and with a lid to be locked. The designated election official shall keep the ballot boxes and keys and deliver them, prior to the date on which the polling locations open, to the election judges.

Source: L. 92: Entire article R&RE, p. 716, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 586, § 25, effective April 30. L. 99: Entire section amended, p. 774, § 48, effective May 20. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 44, effective May 10.

Editor's note: This section is similar to former § 1-6-502 as it existed prior to 1992.

Cross references: (1) For delivery of election returns, ballot boxes, and other election papers, see § 1-7-701.

(2) 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.

1-5-503. Arrangement of voting equipment or voting booths and ballot boxes.

The voting equipment or voting booths and the ballot box shall be situated in the polling location so as to be in plain view of the election officials and watchers. No person other than the election officials and those admitted for the purpose of voting are permitted within the immediate voting area, which is considered as within six feet of the voting equipment or voting booths and the ballot box, except by authority of the election judges or the designated election official, and then only when necessary to keep order and enforce the law.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1344, § 8, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 712, § 45, effective May 10.

Editor's note: This section is similar to former § 1-6-503 as it existed prior to 1992.

Cross references: (1) For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) 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.

1-5-504. Instruction cards.

1. The designated election official of each political subdivision shall furnish to the election judges a sufficient number of instruction cards for the guidance of eligible electors in preparing their ballots. The election judges shall post at least one of the cards in each polling location. The cards shall be printed in large, clear type and shall contain full instructions to the eligible electors as to what should be done:
   1. To obtain ballots for voting;
   2. To prepare the ballots for deposit in the ballot box;
   3. To obtain a new ballot in the place of one spoiled by accident or mistake;
   4. To obtain assistance in marking ballots; and
   5. To vote for a write-in candidate.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 2013: IP (1) amended, (HB 13-1303), ch. 185, p. 712, § 46, effective May 10.

Editor's note: This section is similar to former § 1-6-504 as it existed prior to 1992.

Cross references: In 2013, the introductory portion to subsection (1) 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.

1-5-504.5. Items to be posted at polling locations.

1. The following items shall be posted at each polling location:
   1. A polling location sign visible from the outside of the closest entrance to the polling location pursuant to section 1-5-106;
   2. A sign notifying persons outside and inside of the polling location that no electioneering is permitted within one hundred feet of the polling location pursuant to section 1-13-714;
   3. Instruction cards for the guidance of eligible electors pursuant to section 1-5-504;
   4. Sample ballots pursuant to section 1-5-413;
   5. An explanation of the procedures that govern the provision of voting assistance to electors with disabilities who require such assistance pursuant to section 1-7-111. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., to prescribe the form of such explanation.

Source: L. 96: Entire section added, p. 1744, § 36, effective July 1. L. 2000: (1)(e) added, p. 1086, § 1, effective May 26. L. 2013: IP(1), (1)(a), and (1)(b) amended, (HB 13-1303), ch. 185, p. 713, § 47, effective May 10.

Cross references: In 2013, the introductory portion to subsection (1) and subsections (1)(a) and (1)(b) 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.

1-5-505. Election expenses to be paid by county.

1. Except as provided in section 1-5-505.5, the cost of conducting general, primary, and congressional vacancy elections, including the cost of printing and supplies, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses.
2. 1. For a special legislative election, if the state senatorial or state representative district in which the special legislative election is to be held is comprised of one or more whole counties or a part of one county and all or a part of one or more other counties, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of the county in which there were irregularities in the votes cast or counted at the general election for such district.
   2. If the state senatorial or state representative district in which the special election is to be held is comprised of a portion of one county, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of such county.
   3. The payment of such costs of a special legislative election shall be provided for in the same manner as the payment of other county expenses.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 99: Entire section amended, p. 1389, § 9, effective June 4. L. 2000: (1) amended, p. 655, § 1, effective August 2.

Editor's note: This section is similar to former § 1-6-505 as it existed prior to 1992.

Cross references: For payment of county expenses, see part 1 of article 25 of title 30.

1-5-505.5. State reimbursement to counties for ballot measure elections.

1. As used in this section, unless the context otherwise requires:
   1. "Ballot issue" shall have the same meaning as provided in section 1-1-104 (2.3).
   2. "Ballot question" shall have the same meaning as provided in section 1-1-104 (2.7).
2. For an election held in an odd-numbered year pursuant to article 41 of this title in which the only item on the ballot of a particular county is a state ballot issue, the state shall reimburse such county for the costs incurred that are shown by such county to be directly attributable to conducting such election and shall not include any portion of the usual costs of maintaining the office of the clerk and recorder, including, without limitation, overhead costs and personal service costs of permanent employees.
3. For any other odd- or even-numbered year election in which a state ballot issue or state ballot question is on the ballot of a particular county, the state shall reimburse such county for the cost of the duties performed by the county clerk and recorder that relate to conducting the election on the ballot issue or ballot question; except that the reimbursement shall be set at the following rates:
   1. For counties with ten thousand or fewer active registered electors, ninety cents for each active registered elector as of the time of the election;
   2. For counties with more than ten thousand active registered electors, eighty cents for each active registered elector as of the time of the election.
4. The general assembly shall make appropriations to the department of state from the department of state cash fund or from the general fund for the purpose of reimbursing counties under the terms of this section in conformity with section 24-21-104.5, C.R.S.

Source: L. 2000: Entire section added, p. 655, § 2, effective August 2. L. 2006: (3) amended, p. 2032, § 10, effective June 6. L. 2012: (3) amended, (HB 12-1143), ch. 231, p. 1014, § 1, effective May 29.

1-5-506. Election expenses in nonpartisan elections.

The cost of conducting a nonpartisan election, including the cost of printing and supplies, must be paid by the governing body calling the election.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1413, § 54, effective July 1. L. 2000: Entire section amended, p. 1085, § 2, effective August 2. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 580, § 42, effective May 18.

1-5-507. County clerk and recorder to give estimate.

In any election called by a nonpartisan governing body where the county clerk and recorder will have responsibilities for the election, the county clerk and recorder shall give to the governing body estimates of the costs for conducting a coordinated election or a mail ballot election so that the governing body may choose the appropriate method of election.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993. L. 93: Entire section amended, p. 1413, § 55, effective July 1.

1-5-601. Use of voting systems - definition.

1. In all elections held in this state, the votes may be cast, registered, recorded, and counted by means of an electronic or electromechanical voting system as provided in this part 6.
2. As used in this part 6, "electromechanical voting system" shall include a paper-based voting system as defined in section 1-1-104 (23.5).

Source: L. 92: Entire article R&RE, p. 718, § 8, effective January 1, 1993. L. 2004: Entire section amended, p. 1345, § 9, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1189, § 2, effective May 15.

Editor's note: This section is similar to former § 1-6-601 as it existed prior to 1992.

Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-601.5. Compliance with federal requirements.

[ Editor's note: This version of this section is effective until July 1, 2022. ] All voting systems and voting equipment offered for sale on or after May 28, 2004, shall meet the voting systems standards that were promulgated in 2002 by the federal election commission. At his or her discretion, the secretary of state may require by rule that voting systems and voting equipment satisfy voting systems standards promulgated after January 1, 2008, by the federal election assistance commission as long as such standards meet or exceed those promulgated in 2002 by the federal election commission. Subject to section 1-5-608.2, nothing in this section shall be construed to require any political subdivision to replace a voting system that is in use prior to May 28, 2004.

1-5-601.5. Compliance with federal requirements.

[ Editor's note: This version of this section is effective July 1, 2022.]

1. All voting systems and voting equipment offered for sale on or after May 28, 2004, must meet the voting systems standards that were promulgated in 2002 by the federal election commission. At his or her discretion, the secretary of state may require by rule that voting systems and voting equipment satisfy voting systems standards promulgated after January 1, 2008, by the federal election assistance commission as long as such standards meet or exceed those promulgated in 2002 by the federal election commission. Subject to section 1-5-608.2, nothing in this section shall be construed to require any political subdivision to replace a voting system that is in use prior to May 28, 2004.
2. A voting system or voting equipment offered for sale or lease for use in an election using instant runoff voting must meet the minimum standards and specifications developed by the secretary of state in accordance with section 1-5-616 (1.5). If standards related to instant runoff voting are promulgated by the federal election commission, the secretary of state may, at the secretary of state's discretion, require by rule that a voting system or voting equipment used to conduct an election using instant runoff voting meet the federal standards, so long as the federal standards meet or exceed those promulgated by the secretary of state.

Source: L. 2004: Entire section added, p. 1346, § 14, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1190, § 3, effective May 15. L. 2021: Entire section amended, (HB 21-1071), ch. 367, p. 2415, § 2, effective July 1, 2022.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-602. Requirements for voting machines - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 718, § 8, effective January 1, 1993. L. 93: (1)(f) and (1)(k) amended, p. 1414, § 56, effective July 1. L. 95: (1)(e) amended, p. 862, § 119, effective July 1. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-603. Adoption and payment for voting machines.

[ Editor's note: This version this section is effective until July 1, 2022. ] The governing body of any political subdivision may adopt for use at elections any kind of voting machine fulfilling the requirements for voting machines set forth in this part 6. These voting machines may be used at any or all elections held in the political subdivision for casting, registering, and counting votes. The governing body of any political subdivision which adopts and purchases or leases voting machines shall provide for the payment of the purchase price or the rent in such manner as may be in the best interest of the political subdivision and may for that purpose provide for the issuance of interest-bearing bonds, certificates of indebtedness, or other obligations, which shall be a charge upon the county. The bonds, certificates of indebtedness, or other obligations may be made payable at such times, not exceeding ten years from the date of issue, as may be determined by the governing body but shall not be issued or sold at less than par.

1-5-603. Adoption and payment for voting machines.

[ Editor's note: This version this section is effective July 1, 2022.]

1. The governing body of any political subdivision may adopt for use at elections any kind of voting machine fulfilling the requirements for voting machines set forth in this part 6. These voting machines may be used at any or all elections held in the political subdivision for casting, registering, and counting votes. Except as provided in subsection (2) of this section, the governing body of any political subdivision which adopts and purchases or leases voting machines shall provide for the payment of the purchase price or the rent in such manner as may be in the best interest of the political subdivision and may for that purpose provide for the issuance of interest-bearing bonds, certificates of indebtedness, or other obligations, which shall be a charge upon the county. The bonds, certificates of indebtedness, or other obligations may be made payable at such times, not exceeding ten years from the date of issue, as may be determined by the governing body but shall not be issued or sold at less than par.
2. 1. If the secretary of state certifies a voting system for use in an election using instant runoff voting in accordance with section 1-5-617 (1.5), the secretary of state shall, if possible, negotiate a single annual statewide license with the voting system provider to allow each county that uses the voting system to conduct elections using instant runoff voting. The secretary of state shall pay for the annual statewide license from the department of state cash fund created in section 24-21-104 (3)(b).
   2. Each county that uses a voting system in an instant runoff voting election pursuant to a license obtained by the secretary of state in accordance with subsection (2)(a) of this section shall reimburse the secretary of state for its proportionate share of the cost of the annual statewide license for that year. The secretary of state shall invoice any county that uses the voting system in an instant runoff voting election for its share of the cost as a proportion of the total number of counties that used the system pursuant to the statewide license in that year.

Source: L. 92: Entire article R&RE, p. 719, § 8, effective January 1, 1993. L. 2007: Entire section amended, p. 2017, § 1, effective June 1. L. 2021: Entire section amended, (HB 21-1071), ch. 367, p. 2417, § 5, effective July 1, 2022.

Editor's note: This section is similar to former § 1-6-603 as it existed prior to 1992.

1-5-604. Experimental use - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 2004: (2) added by revision, p. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-605. Other laws apply - paper ballots permitted for absentee voting - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 2004: (2) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-605.5. Custody of voting system.

The county clerk and recorder or designated election official shall be the custodian of the voting system in a political subdivision and may appoint deputies necessary to prepare and supervise the voting system prior to and during elections.

Source: L. 2004: Entire section added, p. 1346, § 14, effective May 28.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-605.7. Mechanical lever voting machines - prohibited.

1. No voting system using mechanical lever voting machines may be used in any election in this state.
2. Repealed.

Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 12, effective May 5.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-606. Election officials and employees not to have interest in voting equipment or devices.

No election official or employee of an election official having duties or responsibilities in connection with the conduct of any election shall have any financial or proprietary interest, either directly or indirectly, in the manufacture, sale, maintenance, servicing, repair, or transportation of voting equipment. This section shall not apply to any designated election official or employee of a designated election official participating in a coordinated election who has no independent decision-making responsibility concerning the selection of voting equipment by the county clerk and recorder or whose interest derives solely from ownership of shares in a mutual or pension fund.

Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 96: Entire section amended, p. 1744, § 37, effective July 1. L. 2004: Entire section amended, p. 1345, § 10, effective May 28.

Editor's note: This section is similar to former § 1-6-606 as it existed prior to 1992.

Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-607. Elected officials not to handle voting equipment or devices.

1. In any political subdivision having a population of one hundred thousand or more, it is unlawful for any elected official or candidate for elective office to prepare, maintain, or repair any voting equipment or device that is to be used or is used in any election. The provisions of this section shall be limited to actual physical contact with any voting equipment or device or any of its parts and shall not be construed as prohibiting an elected official from directing employees or other persons who are not elected officials to prepare, maintain, repair, or otherwise handle any voting equipment or devices.
2. The provisions of this section shall not be construed to prohibit any elected official or candidate for elective office from voting at any election.
3. The provisions of this section shall not apply to precinct committeepersons who act as election judges.
4. Repealed.

Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993. L. 96: (4) repealed, p. 1775, § 84, effective July 1. L. 2004: (1) amended, p. 1345, § 11, effective May 28.

Editor's note: This section is similar to former § 1-6-607 as it existed prior to 1992.

Cross references: (1) For penalties for election offenses, see § 1-13-111.

(2) For the legislative declaration contained in the 2004 act amending subsection (1), see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-608. Requirements - electronic voting systems - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 721, § 8, effective January 1, 1993. L. 94: (1)(e) amended, p. 1162, § 31, effective July 1. L. 95: (1)(c) amended, p. 862, § 120, effective July 1. L. 2004: (3) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-608.2. Punch card voting systems - prohibited.

1. No punch card electronic voting system or other voting system in which the elector uses a device to pierce the ballot may be used in any election in this state.
2. Repealed.

Source: L. 2004: Entire section added, p. 1345, § 12, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 13, effective May 5.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-608.5. Electronic and electromechanical voting systems - testing by federally accredited labs - certification and approval of purchasing of electronic and electromechanical voting systems by secretary of state - conditions of use by secretary of state - testing.

1. A federally accredited laboratory may test, approve, and qualify electronic and electromechanical voting systems for sale and use in the state of Colorado.
2. (Deleted by amendment, L. 2009, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15, 2009.)
3. 1. If the electronic and electromechanical voting systems tested pursuant to this section satisfy the requirements of this part 6, the secretary of state shall certify such systems and approve the purchase, installation, and use of such systems by political subdivisions and establish standards for certification.
   2. The secretary of state may promulgate conditions of use in connection with the use by political subdivisions of electronic and electromechanical voting systems as may be appropriate to mitigate deficiencies identified in the certification process.
   3. In undertaking the certification required by this section, the secretary of state may consider either procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.
   1. (3.5) [ Editor's note: Subsection (3.5) is effective July 1, 2022.] (a) On and after December 31, 2022, if an electronic and electromechanical voting system tested pursuant to this section satisfies the requirements of this part 6 related to the use of the system in an election using instant runoff voting and the rules established by the secretary of state pursuant to section 1-5-616 (1.5), the secretary of state shall certify such system and approve the purchase, installation, and use of such system by political subdivisions in an election using instant runoff voting.
   2. The secretary of state may promulgate conditions of use in connection with the use by political subdivisions of an electronic and electromechanical voting system in an election using instant runoff voting as may be appropriate to mitigate deficiencies identified in the certification process.
   3. In undertaking the certification required by this section, the secretary of state may consider procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.
4. In undertaking the certification required by this section, the secretary of state may request a federally accredited laboratory to undertake the testing of an electronic or electromechanical voting system or may use and rely upon the testing of an electronic or electromechanical voting system already performed by another state or a federally accredited laboratory upon satisfaction of the following conditions:
   1. The secretary of state has complete access to any documentation, data, reports, or similar information on which the other state or laboratory relied in performing its testing and will make such information available to the public subject to any redaction required by law; and
   2. The secretary of state makes written findings and certifies that he or she reviewed the information specified in paragraph (a) of this subsection (4) and determines that the testing:
      1. Was conducted in accordance with appropriate engineering standards in use as of the time the testing is undertaken; and
      2. Satisfies the requirements of sections 1-5-615 and 1-5-616 and all rules promulgated thereunder.
5. In undertaking the certification required by this section, the secretary of state may conduct joint testing with an agency of another state or with a federally accredited laboratory.

Source: L. 93: Entire section added, p. 1414, § 57, effective July 1. L. 2004: Entire section amended, p. 1346, § 13, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1190, § 4, effective May 15. L. 2021: (3.5) added, (HB 21-1071), ch. 367, p. 2416, § 3, effective July 1, 2022.

Cross references: For the legislative declaration contained in the 2004 act amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-609. Acquisition and use authorized - repeal. (Repealed)

Source: L. 92: Entire article R&RE, p. 721, § 8, effective January 1, 1993. L. 2004: (3) added by revision, pp. 1361, 1213, §§ 30, 31, 108.

Editor's note: Subsection (3) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

1-5-610. Preparation for use - electronic voting.

1. Prior to an election in which an electronic voting system is to be used, the designated election official shall have all system components prepared for voting and shall inspect and determine that each vote recorder or voting device is in proper working order. The designated election official shall cause a sufficient number of recorders or devices to be delivered to each election precinct in which an electronic voting system is to be used.
2. The designated election official shall supply each election precinct in which vote recorders or voting devices are to be used with a sufficient number of ballots, ballot cards, sample ballots, ballot boxes, and write-in ballots and with such other supplies and forms as may be required. Each ballot or ballot card shall have a serially numbered stub attached, which shall be removed by an election judge before the ballot or ballot card is deposited in the ballot box.

Source: L. 92: Entire article R&RE, p. 722, § 8, effective January 1, 1993.

Editor's note: This section is similar to former § 1-6-610 as it existed prior to 1992.

1-5-611. Requirements - nonpunch card electronic voting systems.

1. No nonpunch card electronic voting system shall be purchased, leased, or used unless it fulfills the following requirements:
   1. It provides for voting in secrecy;
   2. It permits each elector to write in the names of eligible candidates not appearing on the printed ballot, to vote for as many candidates for an office as there are vacancies for which the elector is entitled to vote, and to vote for or against any ballot issue upon which the elector is entitled to vote;
   3. [ Editor's note: This version of subsection (1)(c) is effective until July 1, 2022.] It rejects any vote for an office or on a ballot issue if the number of votes exceeds the number the elector is entitled to cast;

      (c) [ Editor's note: This version of subsection (1)(c) is effective July 1, 2022. ] It rejects any vote for an office or on a ballot issue if the number of votes exceeds the number the elector is entitled to cast; except that, if the voting system is certified for use in an election using instant runoff voting, the voting system must allow the elector to rank multiple candidates in such an election in accordance with section 1-7-1003 and rules adopted by the secretary of state;

   4. It permits each elector, other than at a primary election, to vote for the candidates of one or more parties and for unaffiliated candidates;
   5. It prevents the elector from voting for the same candidates more than once for the same office; and
   6. If the system uses a voting device:
      1. It is suitably designed, of durable construction, and capable of being used safely, efficiently, and accurately in the conduct of elections and the tabulation of votes;
      2. It permits the names of candidates and the text of issues to be printed on pages which are securely attached to the voting device, the pages to be securely locked in a metal frame or sealed to prevent tampering;
      3. It contains a protective counter with a register which cannot be reset, which shall register the cumulative total number of movements of the operating mechanism; and
      4. It is capable of providing printouts of vote totals by office and candidate or by ballot issue, including a numeric-only printout to be used for testing as provided in section 1-7-509.

Source: L. 92: Entire article R&RE, p. 722, § 8, effective January 1, 1993. L. 95: (1)(d) amended, p. 862, § 121, effective July 1. L. 2005: (1)(f)(IV) amended, p. 1425, § 55, effective June 6; (1)(f)(IV) amended, p. 1460, § 55, effective June 6. L. 2021: (1)(c) amended, (HB 21-1071), ch. 367, p. 2416, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 1-6-611 as it existed prior to 1992.

1-5-612. Use of electronic and electromechanical voting systems.

1. The governing body of any political subdivision may, upon consultation with the designated election official, adopt an electronic or electromechanical voting system, including any upgrade in hardware, firmware, or software, for use at the polling locations in the political subdivision. The system may be used for recording, counting, and tabulating votes at all elections held by the political subdivision.
2. An electronic or electromechanical voting system may be used only if the system has been certified by the secretary of state in accordance with this part 6.

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 713, § 48, effective May 10.

Cross references: (1) For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) 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.

1-5-613. Purchase and sale of voting equipment.

1. The secretary of state shall adopt uniform rules in accordance with article 4 of title 24, C.R.S., for the purchase and sale of voting equipment in the state.
2. The governing body or designated election official of a political subdivision may purchase a voting system only if the voting system has been certified for use in this state by the secretary of state in accordance with this part 6.
3. The governing body or designated election official of a political subdivision shall notify the secretary of state before purchasing or selling voting equipment. The secretary of state shall attempt to coordinate the sale of excess or outmoded equipment by one political subdivision with purchases of necessary equipment by other political subdivisions.
4. The secretary of state shall provide information at the request of the governing bodies of the various political subdivisions of the state on the availability and sources of new and used voting equipment.

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2016: (2) amended, (SB 16-142), ch. 173, p. 580, § 43, effective May 18.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-614. Certification of electronic and electromechanical voting systems - standards. (Repealed)

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2009: Entire section repealed, (HB 09-1335), ch. 260, p. 1191, § 5, effective May 15.

1-5-615. Electronic and electromechanical voting systems - requirements.

1. The secretary of state shall not certify any electronic or electromechanical voting system unless such system:
   1. Provides for voting in secrecy;
   2. Permits each elector to vote for all offices for which the elector is lawfully entitled to vote and no others, to vote for as many candidates for an office as the elector is entitled to vote for, and to vote for or against any ballot question or ballot issue on which the elector is entitled to vote;
   3. Permits each elector to verify his or her votes privately and independently before the ballot is cast;
   4. Permits each elector privately and independently to change the ballot or correct any error before the ballot is cast, including by voting a replacement ballot if the elector is otherwise unable to change the ballot or correct an error;
   5. If the elector overvotes:
      1. Notifies the elector before the ballot is cast that the elector has overvoted;
      2. Notifies the elector before the vote is cast that an overvote for any office, ballot question, or ballot issue will not be counted; and
      3. Gives the elector the opportunity to correct the ballot before the ballot is cast;
   6. Does not record a vote for any office, ballot question, or ballot issue that is overvoted on a ballot cast by an elector;
   7. For electronic and electromechanical voting systems using ballot cards, accepts an overvoted or undervoted ballot if the elector chooses to cast the ballot, but it does not record a vote for any office, ballot question, or ballot issue that has been overvoted;
   8. In a primary election, permits each elector to vote only for a candidate seeking nomination by the political party with which the elector is affiliated;
   9. In a presidential election, permits each elector to vote by a single operation for all presidential electors of a pair of candidates for president and vice president;
   10. Does not use a device for the piercing of ballots by the elector;
   11. Provides a method for write-in voting;
   12. Counts votes correctly;
   13. Can tabulate the total number of votes for each candidate for each office and the total number of votes for and against each ballot question and ballot issue for the polling location;
   14. Can tabulate votes from ballots of different political parties at the same voter service and polling center in a primary election;
   15. Can automatically produce vote totals for the polling location in printed form; and
   16. Saves and produces the records necessary to audit the operation of the electronic or electromechanical voting system, including a permanent paper record with a manual audit capacity.

   (1.5) [ Editor's note: Subsection (1.5) is effective July 1, 2022. ] The secretary of state shall not certify any electronic or electromechanical voting system for use in an election using instant runoff voting unless, in addition to meeting the requirements of subsection (1) of this section, the system meets the requirements and performs the functions required by section 1-7-1003.

2. The permanent paper record produced by the electronic or electromechanical voting system shall be available as an official record for any recount conducted for any election in which the system was used.

Source: L. 2004: Entire section added, p. 1347, § 14, effective May 28. L. 2013: IP(1), (1)(m), (1)(n), and (1)(o) amended, (HB 13-1303), ch. 185, p. 713, § 49, effective May 10. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2417, § 6, effective July 1, 2022.

Cross references: (1) For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) In 2013, the introductory portion to subsection (1) and subsections (1)(m), (1)(n), and (1)(o) 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.

1-5-616. Electronic and electromechanical voting systems - standards - procedures.

1. The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., that establish minimum standards for electronic and electromechanical voting systems regarding:
   1. Functional requirements;
   2. Performance levels;
   3. Physical and design characteristics;
   4. Documentation requirements;
   5. Evaluation criteria;
   6. Audit capacity;
   7. Security requirements;
   8. Telecommunications requirements; and
   9. Accessibility.

   (1.5) [ Editor's note: Subsection (1.5) is effective July 1, 2022. ] On or before December 31, 2022, the rules adopted by the secretary of state pursuant to subsection (1) of this section must include the minimum system requirements and specifications for electronic and electromechanical voting systems used to conduct elections using instant runoff voting.

2. [ Editor's note: This version of subsection (2) is effective until July 1, 2022.] The secretary of state may review the rules adopted pursuant to subsection (1) of this section governing standards for certification of electronic or electromechanical voting systems to determine the adequacy and effectiveness of the rules in assuring that elections achieve the standards established by section 1-1-103.

   (2) [ Editor's note: This version of subsection (2) is effective July 1, 2022. ] The secretary of state may review the rules adopted pursuant to subsections (1) and (1.5) of this section governing standards for certification of electronic or electromechanical voting systems to determine the adequacy and effectiveness of the rules in assuring that elections achieve the standards established by section 1-1-103.

3. The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., to achieve the standards established by section 1-1-103 for the procedures of voting, including write-in voting, and of counting, tabulating, and recording votes by electronic or electromechanical voting systems used in this state.
4. [ Editor's note: This version of subsection (4) is effective until July 1, 2022.] The secretary of state shall adapt the standards for certification of electronic or electromechanical voting systems established by rule pursuant to subsection (1) of this section to ensure that new technologies that meet the requirements for such systems are certified in a timely manner and available for selection by political subdivisions and meet user standards.

   (4) [ Editor's note: This version of subsection (4) is effective July 1, 2022. ] The secretary of state shall adapt the standards for certification of electronic or electromechanical voting systems established by rule pursuant to subsections (1) and (1.5) of this section to ensure that new technologies that meet the requirements for such systems are certified in a timely manner and available for selection by political subdivisions and meet user standards.

5. 1. Each designated election official shall establish written procedures to ensure the accuracy and security of voting in the political subdivision and submit the procedures to the secretary of state for review. The secretary of state shall notify the designated election official of the approval or disapproval of the procedures no later than fifteen days after the secretary of state receives the submission.
   2. Each designated election official shall submit any revisions to the accuracy and security procedures to the secretary of state no less than sixty days before the first election in which the procedures will be used. The secretary of state shall notify the designated election official of the approval or disapproval of said revisions no later than fifteen days after the secretary of state receives the submission.

Source: L. 2004: Entire section added, p. 1349, § 14, effective May 28. L. 2006: (5)(a) amended, p. 2032, § 11, effective June 6. L. 2021: (1.5) added and (2) and (4) amended, (HB 21-1071), ch. 367, p. 2417, § 7, effective July 1, 2022.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-617. Examination - testing - certification.

1. 1. After an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5, the voting system provider may submit the system to the secretary of state for certification.
   2. The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616.
   3. The secretary of state shall decide whether to certify an electronic or electromechanical voting system within one hundred twenty days after the system is submitted for certification.
   1. (1.5) [ Editor's note: Subsection (1.5) is effective July 1, 2022.] (a) On and after December 31, 2022, after an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5 (3.5) for use in an election using instant runoff voting, the voting system provider may submit the system to the secretary of state for certification for use in an election using instant runoff voting.
   2. The secretary of state shall examine each electronic or electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616 for use in an election using instant runoff voting.
   3. The secretary of state shall decide whether to certify an electronic or electromechanical voting system for use in an election using instant runoff voting within one hundred twenty days after the system is submitted for certification.
2. The secretary of state shall appoint one or more experts in the fields of data processing, mechanical engineering, or public administration to assist in the examination and testing of electronic or electromechanical voting systems submitted for certification and to produce a written report on each system.
3. Neither the secretary of state nor any examiner shall have any pecuniary interest in any voting equipment.
4. Within thirty days after deciding to certify an electronic or electromechanical voting system, the secretary of state shall make a report on the system containing a description of the system and its operation, with drawings or photographs showing the system. The secretary of state shall send a notice of certification and a copy of the report to the voting system provider that submitted the system for certification. The secretary of state shall notify the governing bodies of the political subdivisions of the state of the certification and make the notice of certification and report available to them upon request.
5. The designated election official of a political subdivision that plans to use an electronic or electromechanical voting system that has been certified in accordance with this section shall apply to the secretary of state for approval of the purchase, installation, and use of the system. The secretary of state shall prescribe the form and procedure of the application by rule adopted in accordance with article 4 of title 24, C.R.S.
6. The secretary of state may provide technical assistance to designated election officials on issues related to the certification of the purchase, installation, and use of electronic and electromechanical voting systems by a political subdivision.

Source: L. 2004: Entire section added, p. 1350, § 14, effective May 28. L. 2005: (5) amended, p. 759, § 3, effective June 1. L. 2009: (1)(c) amended, (HB 09-1335), ch. 260, p. 1191, § 6, effective May 15. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2418, § 8, effective July 1, 2022.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-618. Modification of electronic and electromechanical voting systems - definition.

1. After an electronic or electromechanical voting system has been certified by the secretary of state, a political subdivision may not adopt any modification of the system until the modification is certified or approved in accordance with the provisions of subsection (1.5) of this section by the secretary of state. A person desiring approval of a modification shall submit a written application for approval to the secretary of state.

   (1.5) Upon receipt of the written application for approval in accordance with subsection (1) of this section, the secretary of state shall undertake a preliminary examination of the proposed modification. In connection with such preliminary review, the secretary shall determine if the proposed modification may cause adverse effects on the security or accuracy of elections. The secretary shall make the determination within forty-five days after receiving the request. If the secretary, upon completion of his or her preliminary review of the request, determines that the proposed modification will cause significant adverse effects, the modification shall be subject to further review under the provisions of subsection (2) of this section. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes no adverse effects, the secretary shall approve the modification. If the secretary determines, upon completion of his or her preliminary review, that the proposed modification causes possible adverse effects, the modification shall be subject to further review under the provisions of subsection (4) of this section. Following such additional review, if the secretary determines that any adverse effects of the proposed modification are insignificant, the secretary shall approve the modification. If, however, following such additional review, the secretary determines that the adverse effects of the modification are significant, the modification shall be subject to further review under the provisions of subsection (2) of this section.

2. The requirements for approval of a modified electronic or electromechanical voting system are the same as those prescribed by this part 6 for the initial certification of the system.
3. The secretary of state shall approve the modified electronic or electromechanical voting system by written order if the modified system satisfies the applicable requirements for certification.
4. If the secretary of state does not approve the modified design, the secretary of state shall by written order:
   1. Invite the applicant to submit additional information in support of the application, submit the modified electronic or electromechanical voting system itself, or both; or
   2. Require an examination of the modified electronic or electromechanical voting system by independent examiners.
5. After examining the additional information, the modified electronic or electromechanical voting system, or the report of an independent examiner submitted pursuant to subsection (4) of this section, the secretary of state shall approve the modified system by written order if the system satisfies the applicable requirements for certification.
6. If a modification to a certified electronic or electromechanical voting system does not satisfy the applicable requirements for certification, the secretary of state shall suspend the sale of the system in this state until the system satisfies the requirements for certification.
7. For purposes of this section, "modification" means a revision or a new release of an electronic or electromechanical voting system.

Source: L. 2004: Entire section added, p. 1351, § 14, effective May 28. L. 2009: (1) amended and (1.5) added, (HB 09-1335), ch. 260, p. 1192, § 7, effective May 15.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-619. Temporary use of electronic and electromechanical voting systems.

1. After an electronic or electromechanical voting system has been tested in accordance with section 1-5-608.5 but has not yet been certified by the secretary of state, a voting system provider or designated election official may apply to the secretary of state for temporary approval of the system.
2. The secretary of state shall, by rule adopted in accordance with article 4 of title 24, C.R.S., establish standards and procedures for temporary approval of electronic and electromechanical voting systems.
3. An electronic or electromechanical voting system may be temporarily approved for a total of no more than one year, and the secretary of state may revoke such approval at any time. Temporary approval of a system shall not supersede the certification requirements of this part 6.
4. A temporarily approved electronic or electromechanical voting system may not be used in any election without the written authorization of the secretary of state.
5. A designated election official may enter into a contract to rent or lease a temporarily approved electronic or electromechanical voting system for a specific election with the approval of the secretary of state. A political subdivision shall not acquire title to a temporarily approved system.
6. The use of a temporarily approved electronic or electromechanical voting system shall be valid for all purposes.

Source: L. 2004: Entire section added, p. 1351, § 14, effective May 28.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-620. Electronic or electromechanical voting system information - software.

When a political subdivision purchases or adopts an electronic or electromechanical voting system, the vendor of the system shall send to the secretary of state copies of the software user and operator manuals, and any other information, specifications, or documentation required by the secretary of state relating to a certified system and its equipment. Any such information or materials that are not on file with and approved by the secretary of state, including any updated or modified materials, shall not be used in an election.

Source: L. 2004: Entire section added, p. 1352, § 14, effective May 28.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-621. Compliance - definitions.

1. Notwithstanding any provision of law to the contrary, upon filing of a complaint, the secretary of state shall investigate the complaint and may review or inspect the electronic or electromechanical voting system of a political subdivision at any time, including election day, to determine whether the system complies with the applicable requirements of this part 6 or deviates from a certified system.
2. A voting system provider or a designated election official using an electronic or electromechanical voting system shall give notice to the secretary of state within twenty-four hours of a malfunction of its system in preparation for or during an election. The notice may be verbal or in writing. For purposes of this section, "malfunction" means a deviation from a correct value in a voting system.
3. Upon receipt of the notice sent pursuant to subsection (2) of this section, the secretary of state shall determine whether further information on the malfunction is required. At the written or verbal request of the secretary of state, the voting system provider or designated election official shall submit a report to the secretary of state's office describing the reprogramming or other actions necessary to correct the malfunction of the electronic or electromechanical voting system. The report shall indicate whether permanent changes are necessary to prevent similar malfunctions in the future. The report shall be submitted within thirty days after the date of the request by the secretary of state. Failure to submit the report within the required period shall be grounds to decertify the system. A copy of the report shall be attached to the most recent certification of the system on file in the secretary of state's office. The secretary of state shall distribute a copy of the report to all political subdivisions that use the system.
4. If the secretary of state determines after inspecting an electronic or electromechanical voting system or reviewing the report submitted pursuant to subsection (3) of this section that the system does not comply with applicable standards or deviates from a certified system, the secretary shall by written order:
   1. Specify actions to remedy the defect in the electronic or electromechanical voting system and direct the designated election official or voting system provider, as appropriate, to perform such actions;
   2. Prohibit the use of the electronic or electromechanical voting system or any part of the system by a political subdivision that adopted the system for use in an election until the actions to remedy the defect are performed and approved by the secretary of state;
   3. Limit the use of the electronic or electromechanical voting system or any part of the system to circumstances or conditions stated in the order; or
   4. Decertify the electronic or electromechanical voting system.
5. Upon decertification of an electronic or electromechanical voting system, the secretary of state shall notify all political subdivisions that use the system and the providers of the system that the certification of the system for use and sale in this state is withdrawn. The notice shall be in writing and shall indicate the reasons for the decertification of the system and the effective date of the decertification.
6. Within thirty days after receiving notice from the secretary of state of the decertification of an electronic or electromechanical voting system, a political subdivision or provider of a voting system that is decertified may request in writing that the secretary of state reconsider its decision to decertify the electronic or electromechanical voting system. Upon receipt of the request, the secretary of state shall hold a public hearing to reconsider the decision to decertify the system. Any interested party may submit testimony or documentation in support of or in opposition to the decision to decertify the system. Following the hearing, the secretary of state may affirm or reverse the decision.
7. The secretary of state shall amend or rescind an order issued under this section if the secretary of state determines that the electronic or electromechanical voting system has been modified to comply with applicable standards or no longer deviates from the certified system.

Source: L. 2004: Entire section added, p. 1352, § 14, effective May 28.

Cross references: For the legislative declaration contained in the 2004 act enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.

1-5-622. Special rules applicable to 2007 retesting of voting systems - repeal. (Repealed)

Source: L. 2008: Entire section added, p. 3, § 1, effective February 11.

Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2009. (See L. 2008, p. 3 .)

1-5-623. Special rules applicable to use, modification, or purchase of electronic voting devices or systems and related components prior to 2014 - legislative declaration - rules.

1. 1. The general assembly hereby finds and declares that, over the past decade, voting technology used in the state has undergone dramatic changes, creating confusion and difficulties for election administrators, state government, and the voting public. Efforts to address this confusion have been complicated by the timing of periodic substantial investments in voting technology by county governments necessitated by changes in federal and state law.
   2. Now, therefore, by enacting this section, the general assembly intends that:
      1. Between May 15, 2009, and the 2014 general election, any voting system purchased by a political subdivision shall be a paper-based voting system as defined in section 1-1-104 (23.5);
      2. The acquisition of electronic voting systems be suspended in order to assess existing and emerging voting technologies; and
      3. Substantial investment by political subdivisions before the 2014 general election in alternate technologies that will frustrate the intent of the general assembly as specified in paragraph (a) of this subsection (1) is discouraged and disfavored.
2. Notwithstanding any other provision of this part 6, any existing electronic voting device or any related component of the device that was used by a political subdivision in conducting the 2008 general election may continue to be used by the political subdivision on and after May 15, 2009, as long as the device or component is used in accordance with either the conditions of use under which the device or component was originally certified for the 2008 general election or in accordance with alternate conditions of use established by the secretary of state.
3. 1. Notwithstanding any other provision of law, on and after May 15, 2009, no political subdivision may purchase a new electronic voting device or system or any related component of such device or system without obtaining the prior approval of the secretary of state for such purchase in accordance with the requirements of this subsection (3).
   2. Subject to the requirements of paragraph (a) of this subsection (3), if a political subdivision desires to purchase a new electronic voting device or system or any related component of such device or system, the political subdivision shall submit a written application to the secretary of state for approval of the purchase. The application shall be made by means of any forms or procedures established by the secretary. Within three business days of receiving the application, the secretary shall grant or deny the application. In reviewing the application, the secretary shall consider, among other relevant factors, the total effect of the purchase at issue in light of other purchases by the political subdivision on voting systems or components of such systems on or after May 15, 2009, and the needs of the political subdivision. In making the determination, the secretary shall prevent political subdivisions from making substantial investments in alternate technologies that will frustrate the intent of the general assembly as specified in subsection (1) of this section and shall consider, among other relevant factors:
      1. Whether the purchase is intended to replace damaged or defective equipment or to accommodate an increase in population in the political subdivision;
      2. Whether the purchase requires a new contract or agreement that would be entered into by the political subdivision and one or more vendors; and
      3. A comparison of the purchase under review with the average capital expenditures by the political subdivision on the administration of elections on an annual basis for the four consecutive years prior to the year in which the application is submitted in order to discourage an investment in technology with a limited useful life in accordance with the intent of the general assembly as specified in subsection (1) of this section.
4. The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to specify permissible conditions of use governing electronic voting devices or systems or related components of such devices or systems in accordance with the requirements of this part 6.

Source: L. 2009: Entire section added, (HB 09-1335), ch. 260, p. 1192, § 8, effective May 15.

1-5-701. Legislative declaration - federal funds.

1. The general assembly hereby finds and declares that:
   1. It is the intent of the general assembly that all state requirements should meet or exceed the minimum federal requirements for accessibility of voting systems and polling locations to persons with disabilities.
   2. All state laws, rules, standards, and codes governing voting systems and polling location accessibility shall be maintained to ensure that the state is eligible for federal funds.

Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 713, § 50, effective May 10.

Cross references: 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.

1-5-702. Definitions.

As used in this part 7, unless the context otherwise requires:

1. "Accessible voter interface device" means a device that communicates voting instructions and the information on the ballot to an elector and allows the elector to select and vote for candidates, ballot questions, and ballot issues in accordance with the standards in section 1-5-704. A ballot marking device may be considered an accessible voter interface device.
2. "Alternative formats" has the same meaning ascribed in the federal "Americans with Disabilities Act of 1990", as amended, (Pub.L. 101-336), codified at 42 U.S.C. sec. 12101 et seq., including specifically the technical assistance manuals promulgated thereunder.

   (2.5) "Ballot marking device" means a device that allows an elector to mark a ballot card used in an electromechanical voting system and that meets the standards in section 1-5-704 (1)(o).

3. "Tactile input device" means a device such as a keyboard with which an elector provides information to a voting system by touching the device.

Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2007: (1) amended and (2.5) added, p. 1975, § 18, effective August 3.

1-5-703. Accessibility of polling locations to persons with disabilities.

1. Each polling location shall comply fully with the current "ADA standards for accessible design" set forth in 28 CFR 36 and promulgated in accordance with the federal "Americans with Disabilities Act of 1990", as amended, 42 U.S.C. sec. 12101 et seq., and no barrier shall impede the path of electors with disabilities to the voting booth.
2. Emergency polling locations are exempt from compliance with this section.
3. Except as otherwise provided in subsection (2) of this section, a designated election official shall only select as polling locations such sites that meet the standards of accessibility set forth in subsection (1) of this section.
4. Before selecting polling locations, the designated election official shall submit to the secretary of state an accessibility survey in the form prescribed by the secretary of state identifying the criteria for selecting accessible polling locations and applying the criteria to proposed polling locations.

Source: L. 2004: Entire part added, p. 1354, § 15, effective May 28. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 714, § 51, effective May 10.

Cross references: 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.

1-5-704. Standards for accessible voting systems.

1. Notwithstanding any other provision of this article, each voting system certified by the secretary of state for use in local, state, and federal elections shall have the capability to accept accessible voter interface devices in the voting system configuration to allow the voting system to meet the following minimum standards:
   1. The voting system shall provide a tactile input or audio input device, or both.
   2. The voting system shall provide a method by which electors can confirm any tactile or audio input by audio output using synthetic or recorded human speech.
   3. Any operable controls on the input device that are needed by electors who are visually impaired shall be indicated in braille or otherwise discernible tactilely without actuating the keys.
   4. Devices providing audio and visual access shall be able to work both separately and simultaneously.
   5. If a nonaudio access approach is provided, the voting system may not require color perception. The voting system shall use black text or graphics, or both, on white background or white text or graphics, or both, on black background, unless the secretary of state approves other high-contrast color combinations that do not require color perception.
   6. Any voting system that requires any visual perception shall allow the font size as it appears to the voter to be set from a minimum of fourteen points to a maximum of twenty-four points before the voting system is delivered to the polling location.
   7. The voting system shall provide audio information, including any audio output using synthetic or recorded human speech or any auditory feedback tones that are important for the use of the audio approach, through at least one mode, by handset or headset, at high volume and shall provide incremental volume control with output amplification up to a level of at least ninety-seven decibel sound pressure level.
   8. For voice signals transmitted to the elector, the voting system shall provide a gain adjustable up to a minimum of twenty decibels with at least one intermediate step of twelve decibels.
   9. If the voting system can exceed one hundred twenty decibel sound pressure level, a mechanism shall be included to reset the volume automatically to the voting system's default volume level after every use, such as when the handset is replaced, but not before. Universal precautions in the use and sharing of headsets should be followed.
   10. If sound cues and audible information such as "beeps" are used, simultaneous corresponding visual cues and information shall be provided.
   11. Controls and mechanisms shall be operable with one hand, including with a closed fist, and operable without tight grasping, pinching, or twisting of the wrist.
   12. The force required to operate or activate the controls may not exceed five pounds of force.
   13. Voting booths shall have voting controls at a minimum height of thirty-six inches above the finished floor with a minimum knee clearance of twenty-seven inches high, thirty inches wide, and nineteen inches deep, or the accessible voter interface devices shall be designed so as to allow their use on top of a table to meet such requirements. Tabletop installations shall ensure adequate privacy.
   14. Audio ballots shall meet the following standards:
       1. After the initial instruction from an election official, the elector shall be able to independently operate the voter interface device through the final step of casting a ballot without assistance.
       2. The elector shall be able to determine the offices for which the elector is allowed to vote and to determine the candidates for each office.
       3. The elector shall be able to determine how many candidates may be selected for each office.
       4. The elector shall have the ability to verify that the physical or vocal inputs given to the voting system have selected the candidates that the elector intended to select.
       5. The elector shall be able to review the candidate selections that the elector has made.
       6. Before casting the ballot, the elector shall have the opportunity to change any selections previously made and confirm a new selection.
       7. The voting system shall communicate to the elector the fact that the elector has failed to vote for an office or has failed to vote the number of allowable candidates for an office and require the elector to confirm his or her intent to undervote before casting the ballot.
       8. The voting system shall warn the elector of the consequences of overvoting for an office.
       9. The elector shall have the opportunity to input a candidate's name for each office that allows a write-in candidate.
       10. The elector shall have the opportunity to review the elector's write-in input to the voter interface device, edit that input, and confirm that the edits meet the elector's intent.
       11. The voting system shall require a clear, identifiable action from the elector to cast the ballot. The voting system shall explain to the elector how to take this action so that the elector has minimal risk of taking the action accidentally, but when the elector intends to cast the ballot, the action can be easily performed.
       12. After the ballot is cast, the voting system shall confirm to the elector that the ballot has been cast and the elector's process of voting is complete.
       13. After the ballot is cast, the voting system shall prevent the elector from modifying the ballot cast or voting another ballot.
   15. Ballot marking devices shall meet the following standards:
       1. The elector shall be able simultaneously to view ballot choices on a high-resolution visual display and to listen to ballot choices with headphones.
       2. The elector shall be able to listen to ballot choices in complete privacy and to turn off the visual display.
       3. The ballot marking device shall have multiple output connections to accommodate various headsets so that the elector is able to use the headset provided with the ballot marking device or his or her own headset.
       4. The elector shall be able to mark the ballot card in complete independence and in accordance with federal and state law on mandatory accessibility for persons with disabilities.
       5. The ballot marking device shall allow a blind or visually impaired elector to vote in complete privacy.
       6. The ballot marking device shall have a completely integrated input keypad containing commonly accepted voter accessibility keys with Braille markings.
       7. The elector shall be able to enter ballot choices using an assistive device, including but not limited to a sip and puff device and a jelly switch.
       8. The elector shall be able to magnify the ballot choices on the visual display and to adjust the volume and speed of the audio output.
       9. The ballot marking device shall have multiple language capability.
       10. The elector shall have the opportunity to input a candidate's name for each office that allows a write-in candidate and to review the elector's write-in input, edit that input, and confirm that the edits meet the elector's intent.
       11. The elector shall be able independently to review all ballot choices and make corrections before the ballot card is marked, including by receiving a replacement ballot if the elector is otherwise unable to change the ballot or correct an error.
       12. The elector shall be able to verify, visually or using the audio interface, that the ballot card inserted into the device at the start of voting is blank and that the marked ballot card produced by the ballot marking device is marked as the elector intended.
       13. The ballot marking device shall alert the elector before the ballot is marked that the elector has made an overvote, as defined in section 1-1-104 (23.4), or an undervote, as defined in section 1-1-104 (49.7), and allow the elector to make corrections.

Source: L. 2004: Entire part added, p. 1355, § 15, effective May 28. L. 2007: (1)(o) added, p. 1975, § 19, effective August 3. L. 2013: (1)(f) amended, (HB 13-1303), ch. 185, p. 714, § 52, effective May 10.

Cross references: In 2013, subsection (1)(f) 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.

1-5-705. Accessible voter interface devices - minimum requirement.

A voting system must include at least one direct recording electronic voting system specially equipped for individuals with disabilities or other accessible voter interface device installed at each polling location that meets the requirements of this section.

Source: L. 2004: Entire part added, p. 1357, § 15, effective May 28. L. 2010: (2) repealed, (HB 10-1116), ch. 194, p. 833, § 14, effective May 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 715, § 53, effective May 10.

Cross references: 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.

1-5-706. Ballot access for voters with a disability - definition.

1. The secretary of state shall establish procedures to enable a voter with a disability to independently and privately mark a ballot or use an electronic voting device that produces a paper record using nonvisual access, low-vision access, or other assistive technology in order for the voter to vote in a mail ballot election pursuant to article 7.5 of this title 1. The procedures shall include a method, to be determined by the secretary of state, by which a voter with a disability may request such a ballot.

   (1.5) In addition to the procedures specified in subsection (1) of this section, the secretary of state shall establish an electronic transmission system through which a voter with a disability may request and return a ballot.

2. 1. A voter with a disability who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose electronic mail delivery or, if offered by the voter's jurisdiction, other electronic means. The designated 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.
   2. If a ballot application from a voter with a disability 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.
   3. A voter with a disability who receives a ballot pursuant to this subsection (2) may print and return the ballot or may return the ballot by electronic transmission if the voter affirms the voter is an eligible person in accordance with subsection (2)(d) of this section. To be valid, a ballot returned by a voter pursuant to this subsection (2) must include a signed affidavit or a copy of an acceptable form of identification as defined in section 1-1-104 (19.5) and must be received by the election official in the applicable jurisdiction before the close of polls on the day of the election.
   4. As used in this section, "eligible person" means an individual who, regardless of any other disability:
      1. Is blind;
      2. Has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read or mark a ballot to substantially the same degree as a person without an impairment or disability; or
      3. Is otherwise unable, through physical disability, to hold, mark, or manipulate a ballot or to focus or move the eyes to the extent that would be normally acceptable for reading or marking a ballot.

Source: L. 2019: Entire section added, (SB 19-202), ch. 327, p. 3038, § 1, effective August 2. L. 2021: (1.5) and (2)(d) added and (2)(c) amended, (SB 21-188), ch. 171, p. 945, § 1, effective September 7.

1-5-801. Acquisition of voting systems - voter-verified paper record.

1. On and after June 6, 2005, a political subdivision shall not acquire a voting system unless the voting system is capable of producing a voter-verified paper record of each elector's vote.
2. A political subdivision shall not acquire a voting device that has been retrofitted to comply with this part 8 unless the voting device has been certified by the secretary of state.

Source: L. 2005: Entire part added, p. 1402, § 22, effective June 6; entire part added, p. 1438, § 22, effective June 6. L. 2009: (2) amended, (HB 09-1335), ch. 260, p. 1194, § 9, effective May 15.

1-5-802. Use of voting systems - voter-verified paper record.

1. In addition to the other requirements of this article, the voting system used in each primary, general, coordinated, or congressional district vacancy election held in the state on and after January 1, 2010, shall have the capability to produce a voter-verifiable paper record of each elector's vote. Before an elector's vote is cast, the elector shall have the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the elector's choices. Any political subdivision that has not complied with the provisions of this section on or before January 1, 2009, shall comply with such provisions by January 1, 2014.
2. The requirements of subsection (1) of this section shall apply to each primary, general, coordinated, or congressional district vacancy election conducted by a county clerk and recorder on and after January 1, 2008, if the governing body of the county determines that:
   1. The technology necessary to comply with the requirements of subsection (1) of this section is available; and
   2. 1. Sufficient federal or state funds are available to acquire or retrofit voting devices that comply with the requirements of subsection (1) of this section; or
      2. It is otherwise financially feasible for the county to comply with the requirements of subsection (1) of this section.
3. Upon satisfaction by a county of the requirements of this section, the voter-verified paper record of each eligible elector's vote, whether filled out by hand or produced by a voting machine or ballot marking device, shall be preserved as an election record pursuant to section 1-7-802 and shall constitute an official record of the election.
4. No voting device shall be remotely accessed or remotely accessible until after the close of voting and a results total tape has been printed, as applicable.

Source: L. 2005: Entire part added, p. 1403, § 22, effective June 6; entire part added, p. 1438, § 22, effective June 6. L. 2009: (1) amended, (HB 09-1335), ch. 260, p. 1194, § 10, effective May 15.

1-5-901. Short title.

The short title of this part 9 is the "Ballot Access for All Citizens Act".

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2408, § 1, effective June 28.

1-5-902. Legislative declaration - intent.

1. The general assembly hereby finds and declares that:
   1. Congress enacted the language minority provisions of the federal "Voting Rights Act of 1965" because "through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process...";
   2. Today, the formula in section 203 of the "Voting Rights Act of 1965" requires only the Colorado counties of Conejos, Costilla, Denver, and Saguache to provide election materials in both English and Spanish and requires one other Colorado county to provide information in Ute;
   3. Based on the 2017 five-year estimates specified in the United States bureau of the census American community survey, there are one hundred three thousand one hundred forty-six eligible electors in Colorado who speak English "less than very well". An estimated eighty-two thousand ninety-six of those eligible electors live in counties where ballots and other election materials are not available in languages other than English.
   4. Further compounding the problem of ballot access for minority language speakers is the reading level at which Colorado's ballots are written. For many minority language speakers the ballot is simply incomprehensible even if they speak and read some English.
   5. Section 203 of the "Voting Rights Act of 1965" covers a jurisdiction when the number of United States citizens of voting age in that jurisdiction has a single language group that:
      1. Is more than ten thousand people of voting age, is more than five percent of all voting-age citizens, or is on an American Indian reservation and exceeds five percent of all reservation residents; and
      2. The illiteracy rate of the group is higher than the national illiteracy rate;
   6. Colorado does not currently expand minority language ballot access beyond federal requirements; and
   7. Colorado has an opportunity to make the ballot accessible to more eligible electors and provide them with meaningful access to a ballot that they are able to read, understand, and vote.
2. The general assembly further finds and declares that the intent of this part 9 is to:
   1. Provide ballot access to electors throughout the state while balancing the reality of limited state and county resources; and
   2. Expand minority language ballot access without changing or reducing the state's existing responsibilities pursuant to section 203 of the "Voting Rights Act of 1965".

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2408, § 1, effective June 28.

1-5-903. Definitions.

As used in this part 9, unless the context otherwise requires:

1. "County clerk" means the county clerk and recorder of any county in the state.
2. "Minority language ballot" means a ballot that is fully translated into a language other than English. The content of a "minority language ballot" may be in only a language other than English or both English and a language other than English.
3. "Minority language sample ballot" means a document that is available to eligible electors to help them prepare for an election that contains all candidates, questions, and instructions for voting, and is fully translated into a language other than English.
4. "Qualified translator or interpreter" means a translator or interpreter who is determined by the secretary of state to:
   1. Be screened and tested for proficiency in both written English and the target language with affiliation or accreditation by a nationally recognized association of translators or have other credentials or certifications that are comparable to or exceed the standards used by a nationally recognized association of translators; and
   2. Produce translations that are linguistically accurate, culturally appropriate, and technically consistent with the original documents.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2409, § 1, effective June 28.

1-5-904. Multilingual ballot hotline - creation - secretary of state - rules.

1. The secretary of state shall establish a multilingual ballot hotline to provide access to a qualified translator or interpreter in each of the languages in the state that has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home, and in any additional languages the secretary determines by rule is needed to assist electors in translating ballot language. The multilingual ballot hotline shall be established for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter.
2. The secretary of state shall provide notice on the secretary's website and shall create signs to be posted by county clerks at all voter service and polling centers to inform electors that the multilingual ballot hotline is available to electors statewide from the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through election day. The multilingual ballot hotline must be available anytime a voter visits a voter service and polling center during that center's hours of public operation. The multilingual ballot hotline must be available to all other voters between 8 a.m. and 5 p.m. Monday through Friday beginning the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through the Friday before election day. The hotline must be available to all voters between 7 a.m. and 7 p.m. on the Monday before election day and on election day.
3. The secretary of state shall ensure that each translator or interpreter who provides translations for the multilingual ballot hotline is a qualified translator or interpreter in the language or languages in which the translator or interpreter provides ballot translation assistance. A qualified translator or interpreter shall provide assistance with translation of ballot language only and shall not provide explanations of or arguments for or against any candidate or question included on the ballot.
4. The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to create and administer the multilingual ballot hotline, including rules regarding hiring or contracting for qualified translators or interpreters to staff the multilingual ballot hotline. The secretary of state may include rules for sharing qualified translator or interpreter resources with other state agencies.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2410, § 1, effective June 28.

1-5-905. Multilingual ballot access - general provisions - requirements of secretary of state - county clerks.

1. A county clerk is required to provide multilingual ballot access by creating a minority language sample ballot pursuant to section 1-5-906 and providing an in-person minority language ballot pursuant to section 1-5-907 if:
   1. The county has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home; or
   2. At least two and one-half percent of citizens in the county age eighteen years or older speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speak a shared minority language at home.
2. The secretary of state shall determine which counties in the state are required to provide multilingual ballot access and, therefore, are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907. The secretary of state shall make such determination based on information provided in the most recent five-year estimates specified in the United States bureau of the census American community survey or comparable census data. The secretary of state shall notify the county clerk of any county that is required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or before January 5 of each even year thereafter. In addition, on or before January 5, 2022, and on or before January 5 of each even year thereafter, the secretary of state shall post a list on the secretary's website of all counties that are required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
3. Legislative council staff shall provide to the secretary of state a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary of state shall provide each county clerk that is subject to this part 9 with a translation in the applicable language of all content that is certified to the county clerks by the secretary of state. The county clerk of each county shall use the translation provided by the secretary of state in creating the minority language sample ballot and in providing the in-person minority language ballot for his or her county.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2411, § 1, effective June 28.

1-5-906. Minority language sample ballots - county clerk.

1. The county clerk of any county that satisfies the criteria specified in section 1-5-905 (1) shall, in coordination with the secretary of state, create a minority language sample ballot in any minority language spoken in the county that satisfies the following:
   1. The minority language is spoken by at least two thousand citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey, and who speak the minority language at home; or
   2. The minority language is spoken by at least two and one-half percent of citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey, and who speak the minority language at home.
2. The minority language sample ballot must include all of the same content that is on the English language ballot.
3. A county clerk that is required to create a minority language sample ballot in one or more minority languages pursuant to this section shall provide such minority language sample ballots for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.
4. The minority language sample ballot must include the instructions for every ballot style in the county. The county clerk is not required to create a sample ballot for every ballot style in the county but may instead create one master document containing all the candidates, questions, and instructions included on every ballot style in the county. Instead of creating one master document, the county clerk may choose to create a minority language sample ballot for each ballot style in the county.
5. The county clerk shall make the minority language sample ballot available and accessible to electors in the county on the website of the county clerk and at voter service and polling centers county-wide. The county clerk shall notify all electors in the county via the mail ballot packet and in each language in which a minority language sample ballot will be created that a minority language sample ballot is available.
6. A county clerk shall ensure that the translation provided for the minority language sample ballot is performed by one or more qualified translators.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2412, § 1, effective June 28.

1-5-907. In-person minority language ballot - county clerk - voter service and polling centers.

1. The county clerk of any county that satisfies the criteria specified in section 1-5-905 (1) shall ensure that every voter service and polling center in the county is equipped to provide, upon the request of an elector, an in-person minority language ballot in any minority language spoken in the county that satisfies the following:
   1. The minority language is spoken by at least two thousand citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak the minority language at home; or
   2. The minority language is spoken by at least two and one-half percent of citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak the minority language at home.
2. An in-person minority language ballot option shall be either a ballot on demand, a ballot from a printed stock of ballots, or a ballot via a voting device and shall include all of the same content that is on the English language ballot.
3. A county clerk that is required to provide an in-person minority language ballot option in one or more minority languages pursuant to this section shall provide in-person minority language ballot options for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.
4. The county clerk shall notify all electors via the mail ballot packet and in each language in which the in-person minority language ballot option will be available that electors may request an in-person minority language ballot in the applicable language at any voter service and polling center in the county.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2413, § 1, effective June 28.

1-5-908. State assistance to counties for implementation costs.

Subject to available resources, the state shall endeavor to provide financial assistance to counties that are subject to the requirements of this part 9 to offset the costs incurred by the counties in complying with this part 9.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2413, § 1, effective June 28.

1-5.5-101. Pilot program - internet voting system - absent uniformed services elector - secretary of state - fund - rules.

1. The secretary of state, in coordination with the county clerk and recorders, shall develop an internet-based voting pilot program to facilitate voting by absent uniformed services electors serving outside the United States commencing with the general election held in 2012. The secretary of state shall select one or more political subdivisions to participate in the pilot program. The internet-based voting system developed for use by political subdivisions that participate in the pilot program shall:
   1. Transmit encrypted information over a secure network;
   2. Provide for secure identification and authentication of:
      1. Any information transmitted on the system; and
      2. Each designated or coordinated election official of a county or political subdivision and the servers of such officials and all other related electronic equipment being used by the secretary of state and each official in the conduct of elections via the internet;
   3. Protect the privacy, anonymity, and integrity of each elector's ballot;
   4. Prevent the casting of multiple ballots via the internet in an election by each elector;
   5. Provide protection against abuse, including tampering, fraudulent use, and illegal manipulation by electors, election officials, or any other individual or group; and
   6. Provide uninterrupted and reliable internet availability for the purpose of casting votes via the internet by the electors.
2. The secretary of state shall implement the internet-based voting system so that each designated or coordinated election official of a county or other political subdivision participating in the pilot program shall:
   1. Assure that each absent uniformed services elector serving outside the United States who logs in to vote via the internet is eligible and registered to vote;
   2. Verify that each elector who logs in to vote via the internet is the same person who is registered and qualified to vote;
   3. Verify that the votes of the electors transmitted to the election officials via the internet are private and secure and have not been viewed or altered by sites that lie between the voting location and the vote-counting destination;
   4. Verify that all votes cast via the internet by electors were cast by 7 p.m. mountain standard time on the day of the election; and
   5. Verify that all votes cast via the internet by electors were indeed counted and attributed correctly to the elector who cast the vote.
3. The secretary of state may by rule promulgated in accordance with article 4 of title 24, C.R.S., establish procedures necessary to implement this article.
4. There is hereby created in the state treasury the internet-based voting pilot program fund to provide for the direct and indirect costs associated with implementing this article. The fund consists of any moneys appropriated by the general assembly to the fund and any gifts, grants, and donations to the fund from private or public sources for the purposes of this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund. Moneys in the fund shall be subject to annual appropriation by the general assembly to the department of state for the purposes specified in this article. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund or any other fund.
5. Repealed.

Source: L. 2009: Entire article added, (HB 09-1205), ch. 383, p. 2078, § 2, effective August 5. L. 2012: IP(1) and (4) amended and (5) repealed, (SB 12-062), ch. 97, p. 326, § 2, effective April 12.

1-6-101. Qualifications for election judges - student election judges - definition - legislative declaration.

1. As used in this article, "election judge" means a registered elector appointed by the county clerk and recorder or designated elected official to perform the election duties assigned by the county clerk and recorder or designated election official. As used in this article, "election judge" also includes a student election judge appointed pursuant to the provisions of subsection (7) of this section.
2. The persons appointed as election judges, except for persons appointed as student election judges pursuant to the provisions of subsection (7) of this section, shall certify in writing that they meet the following qualifications:
   1. They are registered electors of the state and are willing to serve;
   2. They are physically and mentally able to perform and complete the assigned tasks;
   3. They will attend a class of instruction concerning the tasks of an election judge prior to each election;
   4. They have never been convicted of election fraud, any other election offense, or fraud; and
   5. They are neither a candidate whose name appears on the ballot in the precinct that they are appointed to serve nor a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve.
3. With regard to any nonpartisan election that is not coordinated by the county clerk and recorder, the election judge shall be a registered elector of the political subdivision for which the election is being held. If enough registered electors of the political subdivision are not available, then the appointing authority may appoint election judges who are registered electors of the state.
4. Before serving as an election judge, any person recommended as an election judge in accordance with section 1-6-102, 1-6-103, 1-6-103.5, or 1-6-103.7 shall complete and file an acceptance form with the county clerk and recorder or other designated election official as provided in section 1-6-106. The acceptance forms may be kept on file with the county clerk and recorder or other designated election official for up to two years from the date of signing the acceptance form.
5. The county clerk and recorder or the designated election official shall hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the task of a supervisor judge not more than sixty days prior to each election.
6. Each person appointed as an election judge shall be required to attend one class of instruction prior to the first election in an election cycle in which the person will serve as an election judge. The county clerk and recorder or other designated election official may require a person appointed as an election judge to attend more than one class of instruction in an election cycle.
7. 1. The general assembly hereby finds and declares that, in order to promote a greater awareness among young people concerning the electoral process, the rights and responsibilities of voters, and the importance of citizen participation in public affairs, as well as to provide additional qualified individuals willing and able to assist with the electoral process, qualified students may be allowed to serve as student election judges. Therefore, it is the intent of the general assembly in enacting this subsection (7) to authorize designated election officials to appoint qualified students to serve as election judges in conformity with this section.
   2. As used in this article, "student election judge" means a student who meets the requirements of this subsection (7) and who is appointed by a designated election official for service as an election judge pursuant to this section.
   3. The designated election officials may work with school districts and public or private secondary educational institutions to identify students willing and able to serve as student election judges. Such school districts or educational institutions may submit the names of the students to the designated election official of the jurisdiction in which the school district or educational institution is located for appointment as student election judges. Home-schooled students may apply to the designated election official for appointment as a student election judge pursuant to this section. From among the names submitted, the designated election officials may select students to serve as student election judges who meet the following qualifications:
      1. They are a United States citizen or will be a citizen at the time of the election to which the student is serving as a student election judge;
      2. They are willing to serve;
      3. They are physically and mentally able to perform and complete the assigned tasks;
      4. They will attend a class of instruction concerning the tasks of an election judge prior to each election;
      5. They have never been convicted of election fraud, any other election offense, or fraud;
      6. They are not a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve;
      7. They are sixteen years of age or older and either a junior or senior in good standing attending a public or private secondary educational institution or being home-schooled at the time of the election to which the student is serving as a student election judge; and
      8. Their parent or legal guardian has consented to their service as a student election judge.

Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993. L. 93: IP(1) amended and (3) and (4) added, p. 1414, § 58, effective July 1. L. 96: (1)(d) and (2) amended, p. 1744, § 38, effective July 1. L. 98: Entire section amended, p. 574, § 1, effective April 30. L. 2000: (1) and IP(2) amended and (7) added, p. 1333, § 1, effective July 1. L. 2002: (4) and (6) amended, p. 1631, § 8, effective June 7. L. 2005: (5) amended, p. 1403, § 23, effective June 6; (5) amended, p. 1438, § 23, effective June 6. L. 2007: (5) amended, p. 1977, § 20, effective August 3. L. 2012: (7)(a), (7)(b), and IP(7)(c) amended, (HB 12-1292), ch. 181, p. 683, § 23, effective May 17. L. 2013: (2)(e), (5), and (7)(c)(VI) amended, (HB 13-1303), ch. 185, p. 715, § 54, effective May 10. L. 2018: (2)(a) and (5) amended, (SB 18-233), ch. 262, p. 1608, § 14, effective May 29.

Cross references: (1) For transferring names of electors when precinct boundaries changed, see § 1-2-223; for the power of the board of county commissioners to form new precincts, change the names of precincts, or reduce the numbers of precincts, see § 30-11-114.

(2) In 2013, subsections (2)(e), (5), and (7)(c)(VI) 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.

1-6-102. List furnished by precinct committeepersons.

1. No later than ten days after the precinct caucus in even-numbered years, the committeepersons of each precinct from each major political party shall submit to the county chairpersons of their respective political parties a list that was initiated at the precinct caucus and that recommends registered electors as election judges. The registered electors recommended as election judges must reside in the precinct and have a current affiliation with the political party that held the precinct caucus.
2. If there is no county chairperson, the committeeperson of each precinct shall submit the list that was initiated at the precinct caucus and that recommends registered electors as election judges directly to the county clerk and recorder. If a precinct has no committeeperson, the district captain, if any, shall submit the list of recommended election judges to the county chairperson or county clerk and recorder, as appropriate.

Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 575, § 2, effective April 30.

Editor's note: This section is similar to former § 1-5-106 as it existed prior to 1992.

1-6-103. Recommendations by county chairperson.

1. 1. No later than the last Tuesday of April in even-numbered years, the county chairperson of each major political party in the county shall certify to the county clerk and recorder the names and addresses of registered electors recommended to serve as election judges for each precinct in the county.
   2. Repealed.
2. The county chairperson, or, if there is no county chairperson, the committeepersons who submitted the list of registered electors in accordance with section 1-6-102 (2) shall designate the order of preference of the names of the registered electors recommended to serve as election judges for each precinct. The county clerk and recorder shall select election judges from each precinct list in the county chairperson's, or, if there is no county chairperson, the committeeperson's, order of preference.
3. In recommending registered electors as election judges, the county chairperson may select only names from the list submitted by the precinct committeepersons. However, the county chairperson may recommend additional registered electors to the county clerk and recorder if the precinct committeepersons do not provide enough names to the county chairperson.
4. and (5) (Deleted by amendment, L. 98, p. 576 , § 3, effective April 30, 1998.)

Source: L. 92: Entire article R&RE, p. 724, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 576, § 3, effective April 30. L. 2002: (1) amended, p. 134, § 6, effective March 27.

1-6-103.5. Recommendations by minor political parties.

No later than sixty days before a primary or general election, the county chairperson or other authorized official of a minor political party may certify to the county clerk and recorder an initial list of the names and addresses of registered electors recommended to serve as election judges in the county. If the list contains more than one name, the order of preference must be indicated. The county clerk and recorder shall select election judges from the party according to such order of preference, if indicated.

Source: L. 2002: Entire section added, p. 1631, § 9, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1608, § 15, effective May 29.

1-6-103.7. Unaffiliated voters - self-nomination.

No later than sixty days before a primary or general election, any registered elector who is unaffiliated with a political party or political organization may give notice in writing to the clerk and recorder of the county in which such elector resides offering to serve as an election judge and stating that the elector is a registered elector and is unaffiliated with any political party or political organization.

Source: L. 2002: Entire section added, p. 1631, § 9, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1609, § 16, effective May 29.

1-6-104. Appointment of election judges by county clerk and recorder and designated election officials.

1. For each election coordinated by the county clerk and recorder, the county clerk and recorder shall appoint election judges for each location where election activities are occurring.
2. The county clerk and recorder may appoint an election judge to serve in a county other than the county in which the election judge resides.
3. If, at the time the county clerk and recorder appoints election judges, the list of recommended election judges submitted in accordance with section 1-6-102 contains an insufficient number of names for a major political party's share of the total number of election judges as required in section 1-6-109, the designated election official shall appoint any additional election judges necessary from among the persons recommended by minor political parties in accordance with section 1-6-103.5 and the unaffiliated voters who have offered to serve as election judges in accordance with section 1-6-103.7.
4. For each election coordinated by the county clerk and recorder, the county clerk and recorder may appoint one or more student election judges that satisfy the requirements contained in section 1-6-101 (7) to serve as an election judge, and shall designate the locations where election activities are occurring in which the student election judge shall serve based upon the number of qualified students and vacancies in the number of available positions for election judges throughout the county.

Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 576, § 4, effective April 30. L. 99: (3) amended, p. 161, § 13, effective August 4. L. 2000: (4) added, p. 1334, § 2, effective July 1. L. 2002: (3) amended, p. 1632, § 10, effective June 7. L. 2018: Entire section amended, (SB 18-233), ch. 262, p. 1609, § 17, effective May 29.

Editor's note: This section is similar to former § 1-5-101 as it existed prior to 1992.

Cross references: For removal of election judges, see §§ 1-6-119 and 1-6-120.

1-6-105. Appointment of election judges for elections not coordinated by county clerk and recorder.

1. Except as provided for special district elections in subsection (1.5) of this section, no later than forty-five days before the regular election, the governing body with authority to call elections shall appoint election judges for the political subdivision. The term of office of election judges shall be two years from the date of appointment.

   (1.5) No later than forty-five days before a regular special district election, the designated election official shall appoint election judges for the special district unless otherwise directed by the board of directors of such district.

2. Any person who has been appointed by a county clerk and recorder and meets the qualifications as prescribed in section 1-6-101 may be appointed as an election judge for elections not coordinated by the county clerk and recorder.

Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 577, § 5, effective April 30. L. 99: (1) amended and (1.5) added, p. 451, § 7, effective August 4.

Editor's note: This section is similar to former § 1-5-101 as it existed prior to 1992.

1-6-106. Confirmation and acceptance of election judge appointment.

1. The designated election official shall confirm the appointments of election judges by mailing each appointed election judge a certification of appointment and an acceptance form.
2. The acceptance form shall contain:
   1. The statement of qualifications as prescribed in section 1-6-101; and
   2. A statement that, if the person appointed as an election judge either fails to file the acceptance form within seven days after the certification of appointment and acceptance form are mailed or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created.
3. Each person appointed as an election judge shall file an acceptance form in the office of the designated election official within seven days after the certification of appointment and acceptance form have been mailed. If a person appointed as an election judge fails to file the acceptance form as described in subsection (2) of this section or fails to attend a class of instruction as required in section 1-6-101 (5), the designated election official may determine that a vacancy has been created.

Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 577, § 6, effective April 30.

Editor's note: This section is similar to former § 1-5-108 as it existed prior to 1992.

1-6-107. Acceptances - school of instruction - appointment of supply judge. (Repealed)

Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 19, effective April 30.

1-6-108. Lists of election judges.

1. The designated election official shall make and maintain a master list of election judges who have filed an acceptance form in accordance with section 1-6-101 (4). The master list shall include the name, affiliation, and precinct number of each election judge who has filed an acceptance form, including whether such judge is unaffiliated, affiliated with a minor political party, or affiliated with a qualified political organization.
2. Any person may obtain, upon written request and payment of the appropriate fee, an exact copy of the list of county election judges from the county clerk and recorder.

Source: L. 92: Entire article R&RE, p. 726, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 578, § 7, effective April 30. L. 99: (1) amended, p. 161, § 14, effective August 4.

Editor's note: This section is similar to former § 1-5-108 as it existed prior to 1992.

1-6-109. Party affiliation of election judges in partisan elections - definition.

1. For partisan elections in voter service and polling centers that have an even number of election judges, each major political party is entitled to one-half of the number of election judges.
2. For partisan elections in voter service and polling centers that have an odd number of election judges, one major political party is entitled to the extra election judge in one-half of the voter service and polling centers, as determined by the county clerk and recorder, and the other major political party is entitled to the extra election judge in the other one-half of the voter service and polling centers, as determined by the county clerk and recorder.
3. If an odd number of voter service and polling centers exist, the county clerk and recorder shall determine which major political party is entitled to any extra election judge. The county clerk and recorder shall make this determination either by mutual agreement of both of the major political parties or, if the two major political parties cannot agree, by lot.
4. and (5) Repealed.

Source: L. 92: Entire article R&RE, p. 726, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 578, § 8, effective April 30. L. 2002: (4) repealed, p. 1642, § 39, effective June 7. L. 2012: (5) added, (HB 12-1292), ch. 181, p. 684, § 24, effective May 17. L. 2018: (1), (2), and (3) amended, (SB 18-233), ch. 262, p. 1610, § 18, effective May 29.

1-6-109.5. Appointment and duties of supervisor judge - definition.

1. The designated election official shall appoint at least one election judge in each voter service and polling center as supervisor judge. To the extent possible, supervisor judges must be from a major political party, and if more than one supervisor judge is serving at a voter service and polling center, the judges must be of different political party affiliations. The designated election official shall notify the supervisor judge of the appointment.
2. For partisan elections, each major political party is entitled to one-half of the total number of supervisor judges appointed. If an odd number of supervisor judges is appointed, the county clerk and recorder shall determine which major political party is entitled to the one extra supervisor judge. The county clerk and recorder makes this determination by the mutual agreement of the two major political parties or, if the two major political parties cannot agree, by lot.
3. Prior to the election, the supervisor judge shall attend a special school of instruction held by the designated election official.
4. 1. The supervisor judge shall coordinate the conduct of the election in the polling location. For nonpartisan elections, the supervisor judge's responsibilities include receiving election supplies and equipment from the designated election official; delivering election supplies and equipment to the polling location, and returning all election supplies, election equipment, and ballots to the designated election official once the election is concluded.
   2. For partisan elections, the county clerk and recorder may deputize a courier to return the election supplies, election equipment, and ballots to the county clerk and recorder once the election is concluded. If the county clerk and recorder does not deputize a courier, the supervisor judge and a second election judge from the voter service and polling center shall return the election supplies, election equipment, and the ballots to the county clerk and recorder. The second election judge is selected by the election judges in the voter service and polling center other than the supervisor judge and must have a political affiliation different than the supervisor judge.
5. Repealed.

Source: L. 98: Entire section added, p. 579, § 9, effective April 30. L. 2012: (5) added, (HB 12-1292), ch. 181, p. 684, § 25, effective May 17. L. 2013: (1), (2), (3), and (4) amended, (HB 13-1303), ch. 185, p. 716, § 55, effective May 10. L. 2018: (1) amended, (SB 18-233), ch. 262, p. 1610, § 19, effective May 29.

Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective January 1, 2015. (See L. 2012, p. 684 .)

Cross references: In 2013, subsections (1), (2), (3), and (4) 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.

1-6-110. Judges at primary elections. (Repealed)

Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 20, effective April 30.

1-6-111. Number of election judges.

1. For partisan elections, the county clerk and recorder shall appoint at least three election judges to serve as judges for each voter service and polling center to perform the designated functions, one of whom may be a student election judge appointed pursuant to section 1-6-101 (7). In each voter service and polling center, notwithstanding any other provision of this article and subject to the availability of election judges who meet the affiliation requirements of section 1-6-109, of the election judges appointed to serve as voter service and polling center judges pursuant to this subsection (1), there shall be at least one election judge from each major political party who is not a student election judge.
2. (Deleted by amendment, L. 98, p. 580 , 10, effective April 30, 1998.)
3. When two election judges who are not of the same political affiliation are present at the voter service and polling center, voting may proceed.
4. For nonpartisan elections, the designated election official shall appoint no fewer than two election judges to serve as judges for each voter service and polling center to perform the designated functions.
5. The designated election official and, for partisan elections, the county clerk and recorder may appoint other election judges as needed to perform duties other than voter service and polling center duties. These duties may include inspecting ballots, duplicating ballots, and counting paper ballots. For partisan elections, if the county clerk and recorder appoints election judges to perform duties other than voter service and polling center duties, the county clerk and recorder shall appoint two election judges to perform such duties. The two election judges so appointed shall not be of the same political affiliation.
6. (Deleted by amendment, L. 2013.)
7. Where student election judges have been appointed by the county clerk and recorder to serve in a particular voter service and polling center pursuant to this article 6, no more than half of the total number of election judges serving in any one polling location are permitted to be student election judges.
8. Subject to the requirements of this article 6 regarding the number and party affiliation of election judges, the county clerk and recorder or designated election official may allow an election judge to work at a voter service and polling center for a shift lasting less than an entire day; except that at least two judges of different affiliations must be present at each voter service and polling center at all times.

Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section amended, p. 580, § 10, effective April 30. L. 2000: (1) amended and (7) added, p. 1335, § 3, effective July 1. L. 2004: (6) amended, p. 1106, § 5, effective May 27. L. 2007: (6) amended and (8) added, p. 1977, § 21, effective August 3. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 716, § 56, effective May 10. L. 2018: (3), (4), (5), (7), and (8) amended, (SB 18-233), ch. 262, p. 1610, § 20, effective May 29.

Editor's note: This section is similar to former §§ 1-5-104 and 1-5-105 as they existed prior to 1992.

Cross references: 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.

1-6-112. Number of judges in nonpartisan elections. (Repealed)

Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 584, § 21, effective April 30.

1-6-113. Vacancies.

1. If for any reason any person selected to serve as an election judge fails to attend the class of instruction for election judges, or refuses, fails, or is unable to serve, or is removed by preemption in accordance with section 1-6-119 (1) or for cause in accordance with section 1-6-119 (2), the designated election official thereafter may appoint an election judge to fill such vacancy. For a partisan election, an election judge shall be appointed to fill such vacancy from any of the lists of names previously submitted in accordance with sections 1-6-102, 1-6-103, and 1-6-103.5 or from the unaffiliated voters who have offered to serve as election judges in accordance with section 1-6-103.7.
2. Repealed.

Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1415, § 59, effective July 1. L. 2002: (1) amended, p. 1632, § 11, effective June 7. L. 2013: (2) repealed, (HB 13-1303), ch. 185, p. 752, § 138, effective May 10. L. 2019: (1) amended, (HB 19-1278), ch. 326, p. 3026, § 33, effective August 2.

Editor's note: This section is similar to former § 1-5-110 as it existed prior to 1992.

Cross references: (1) In 2013, subsection (2) 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 short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-6-114. Judges - oath required - electioneering prohibited.

1. Before beginning the duties of an election judge, each person appointed as an election judge must take a self-affirming oath or affirmation in substantially the following form:
2. (Deleted by amendment, L. 95, p. 838 , § 54, effective July 1, 1995.)
3. For nonpartisan elections, the election judges shall not be required to declare their affiliation on the oath or affirmation.
4. A person shall not engage in electioneering, as defined in section 1-13-714, or wear or display apparel, buttons, or other materials that promote or oppose a political party, candidate, ballot issue, or ballot question while serving as an election judge.

I, ..................., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am an eligible elector who resides in the county of .................... or within the ....... political subdivision; that I am a member of the ............... party (or that I am unaffiliated with a political party) as shown in the statewide voter registration system; that I will perform the duties of judge according to law and the best of my ability; that I will studiously strive to prevent fraud, deceit, and abuse in conducting the same; that I will not try to determine how any elector voted, nor will I disclose how any elector voted if in the discharge of my duties as judge such knowledge comes to me, unless called upon to disclose the same before some court of justice; that I have never been convicted of election fraud, any other election offense, or fraud and that, if any ballots are counted before the polls close on the date of the election, I will not disclose the result of the votes until after the polls have closed and the results are formally announced by the designated election official.

Source: L. 92: Entire article R&RE, p. 728, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1415, § 60, effective July 1. L. 95: (1) and (2) amended, p. 838, § 54, effective July 1. L. 98: (1) amended, p. 580, § 11, effective April 30. L. 99: (3) amended, p. 162, § 15, effective August 4. L. 2002: (1) amended, p. 1632, § 12, effective June 7. L. 2016: (1) amended, (SB 16-142), ch. 173, p. 580, § 44, effective May 18. L. 2021: (4) added, (SB 21-250), ch. 282, p. 1647, § 31, effective June 21.

1-6-115. Compensation of judges.

1. In all elections, including primary and general elections, each election judge serving in the precincts on election day shall receive not less than five dollars as compensation for services provided as judge at any election. At the discretion of the county clerk and recorder or designated election official, a student election judge appointed pursuant to the provisions of this article may receive the same compensation received by an election judge but, in any case, not less than seventy-five percent of the compensation received by an election judge for service provided as a judge at any election.
2. In addition to the compensation provided by subsection (1) of this section, each election judge and student election judge may be paid expenses and reasonable compensation for attending election schools which may be established by the county clerk and recorder or the designated election official. Each supervisor judge appointed by the county clerk and recorder shall be reimbursed no less than five dollars for attending a special school of instruction.

   (2.5) The supervisor judge and, for partisan elections, the second election judge selected in accordance with section 1-6-109.5 (4)(b), shall be paid no less than four dollars for returning the election supplies, election equipment, and the ballots to the designated election official. The person providing the transportation may be paid a mileage allowance, to be set by the designated election official but not to exceed the mileage rate authorized for county officials and employees, for each mile necessarily traveled in excess of ten miles in going to and returning from the office of the designated election official.

3. Compensation for election judges shall be determined and paid by the governing body calling the election. Compensation for all judges shall be uniform throughout a particular political subdivision, except:
   1. The compensation of student election judges shall be set in conformity with subsection (1) of this section; and
   2. A county is not required to compensate a county employee serving as an election judge in accordance with this section.
4. Election judges must give the designated election officials their social security numbers in order to receive compensation; however, service as an election judge shall not be considered employment pursuant to articles 70 to 82 of title 8, C.R.S.

Source: L. 92: Entire article R&RE, p. 728, § 8, effective January 1, 1993. L. 93: (2) amended, p. 1416, § 61, effective July 1. L. 95: (1) amended, p. 839, § 55, effective July 1. L. 98: (1) and (2) amended and (2.5) added, p. 581, § 12, effective April 30. L. 2000: (1), (2), and (3) amended, p. 1335, § 4, effective July 1. L. 2002: (1) amended, p. 1633, § 13, effective June 7. L. 2006: (1) amended, p. 48, § 1, effective July 1. L. 2013: (2) and (2.5) amended, (HB 13-1303), ch. 185, p. 717, § 57, effective May 10. L. 2019: (3) amended, (HB 19-1278), ch. 326, p. 3027, § 34, effective August 2.

Editor's note: This section is similar to former § 1-5-112 as it existed prior to 1992.

Cross references: (1) For the mileage rate authorized for county officers and employees, see § 30-11-107 (1)(t).

(2) In 2013, subsections (2) and (2.5) 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.

(3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter 326, Session Laws of Colorado 2019.

1-6-116. Delivery of election returns and other election papers - compensation. (Repealed)

Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1416, § 62, effective July 1. L. 94: (1) amended, p. 1162, § 32, effective July 1. L. 98: Entire section repealed, p. 585, § 22, effective April 30.

1-6-117. Judges for new or changed precincts. (Repealed)

Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 98: Entire section repealed, p. 585, § 23, effective April 30.

1-6-118. Judges may change polling place. (Repealed)

Source: L. 92: Entire article R&RE, p. 729, § 8, effective January 1, 1993. L. 93: (1) amended, p. 1416, § 63, effective July 1. L. 98: Entire section repealed, p. 585, § 24, effective April 30.

1-6-119. Removal of election judge by designated election official.

1. If a county chairperson of a major political party or the county chairperson or other authorized official of a minor political party believes that an election judge appointed to represent that party is not faithfully or fairly representing the party or that an election judge has moved from the county, the county chairperson or authorized official may exercise a preemptive removal of the election judge. The county chairperson or authorized official shall notify the county clerk and recorder and the election judge of the preemptive removal in writing. The county clerk and recorder shall fill any vacancy created by the preemptive removal as provided in section 1-6-113.
2. Prior to election day, the designated election official may remove an election judge for cause. Cause includes but is not limited to the election judge's failure to file an acceptance form in accordance with sections 1-6-101 and 1-6-106 and the election judge's failure to attend a class of instruction as required in section 1-6-101 (5).
3. On election day, the designated election official may remove an election judge who has neglected the duties of the office by failing to appear at the polling location by 7:30 a.m., by leaving the polling location before completing all of the duties assigned, by being unable or unwilling or by refusing to perform the duties of the office, or by electioneering.
4. Upon receipt of a written complaint made by an eligible elector of the political subdivision concerning an election judge, the designated election official shall investigate the complaint and may remove the election judge and appoint another election judge in accordance with section 1-6-113.

Source: L. 92: Entire article R&RE, p. 730, § 8, effective January 1, 1993. L. 95: (3) amended, p. 839, § 56, effective July 1. L. 98: Entire section amended, p. 581, § 13, effective April 30. L. 2002: (1) and (4) amended, p. 1633, § 14, effective June 7. L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 718, § 58, effective May 10.

Editor's note: This section is similar to former § 1-5-116 as it existed prior to 1992.

Cross references: 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.

1-6-120. Removal of election judges by the court.

1. Upon the failure or neglect of any election judge to perform the duties of the office, any other election judge, the designated election official, the county chairperson of a political party, or an eligible elector of the political subdivision for which the election judge is appointed, having knowledge of the failure or neglect, shall cause proper action for removal to be instituted against the election judge.
2. Election judges who neglect their duties, who commit, encourage, or connive in any fraud in connection with their duties, who violate any of the election laws or knowingly permit others to do so, who are convicted of any crime, who violate their oath, who wrongfully hamper or interfere or tend to interfere with the regular performance of the duties of the other election judges, who commit any other act that interferes or tends to interfere with a fair and honest registration and election, or who are not appointed in accordance with the provisions of this article may be removed in the following manner:
   1. Any eligible elector may file a brief petition in the district court at any time up to twelve days before any election, setting out in brief and concise language the facts constituting the cause for the removal of the election judge. The petition shall be verified, but the verification may be upon information and belief. Upon filing of the petition, the court shall issue a citation to the election judge directing an appearance within forty-eight hours to answer the petition if the election judge desires to do so.
   2. The court shall proceed summarily to hear and finally dispose of the petition and may set a hearing within forty-eight hours after the answer is filed. Evidence given by any accused election judge at the hearing shall not be used against that election judge in any civil, criminal, or other proceedings. If the court decides that the election judge should be removed for any cause stated in the petition, the court shall so order and shall immediately notify the appropriate election official.
3. The validity of any part of the registration or election already completed or other acts performed under this code, if otherwise legally performed, shall not be affected by the removal of an election judge and shall be in every respect valid and regular. The successor of any election judge removed shall proceed with the duties of the election judge with the same power and effect as though originally appointed.

Source: L. 92: Entire article R&RE, p. 730, § 8, effective January 1, 1993. L. 95: (2)(a) amended, p. 839, § 57, effective July 1.

Editor's note: This section is similar to former § 1-5-117 as it existed prior to 1992.

1-6-121. Election judge vacancies. (Repealed)

Source: L. 98: Entire section added, p. 582, § 14, effective April 30. L. 2002: Entire section repealed, p. 1642, § 39, effective June 7.

1-6-122. State employees - leave to serve as election judge.

1. An employee of a state agency, as defined in section 24-18-102 (9), C.R.S., shall be entitled to take administrative leave with pay on election day for the purpose of serving as an election judge, unless the employee's supervisor determines that the employee's attendance at work on election day is essential.
2. An employee of a state agency who takes administrative leave with pay to serve as an election judge in accordance with this section shall not receive compensation pursuant to section 1-6-115.
3. An employee of a state agency who serves as an election judge in accordance with this section shall submit to the employee's supervisor evidence of service as an election judge.

Source: L. 2006: Entire section added, p. 2032, § 12, effective June 6.