(1) Repealed.
(2) A local government may conduct an election using a ranked voting method if:
(a) The use of the ranked voting method in the local government is not prohibited by the charter of the local government; and
(b) The election is conducted with a system of casting, recording, and tabulating votes that is capable of conducting the election using ranked voting and that has been approved by the governing body and the designated election official of the local government.
(2.5) [Editor's note: Subsection (2.5) is effective March 1, 2026.]
(a) The general assembly finds and declares that for this subsection (2.5), it intends that a general provision with a later effective date prevails over a specific provision with an earlier effective date.
(b) Before a primary or general election can use a ranked voting method for federal or state offices, the secretary of state must certify that:
(I) Municipalities in at least three counties with more than two hundred fifty thousand active electors, at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least ten thousand but fewer than thirty-seven thousand five hundred active electors, and fewer than ten thousand active electors, have coordinated with the municipality's county clerk to conduct an election with a ranked voting method;
(II) At least two counties specified in subsection (2.5)(b)(I) of this section have a population of at least two thousand citizens or at least two and one-half percent of citizens aged eighteen years or older who speak English less than very well, as defined by the United States census bureau American community survey or comparable census data, and who speak a shared language in their place of residence;
(III) At least two counties specified in subsection (2.5)(b)(I) of this section have a population of two thousand non-white active electors or at least two and one-half percent non-white active electors as defined by the United States census bureau American community survey or comparable census data; and
(IV) A risk-limiting audit has been successfully completed for each municipal election in the municipalities specified in subsection (2.5)(b)(I) of this section and has demonstrated that the certified outcomes in each race were correct.
(c) When all of the requirements specified in subsection (2.5)(b) of this section are satisfied, and before a primary or general election can use a ranked voting method for federal or state offices, the secretary of state shall provide a report as part of the secretary's presentation to the legislative committees of reference at the committees' hearings held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act pursuant to part 2 of article 7 of title 2, regarding the impact of ranked choice voting methods as compared to elections conducted through other voting methods. As available, the report must include information regarding spoilage of ballots, undervotes, record of use and results of risk-limiting audits, and the impact on voter turnout in historically under-represented communities, including the disabled community, non-English speaking voters, and non-white voters.
(3) The secretary of state shall submit a report to the state, veterans, and military affairs committees, or any successor committees, of the house of representatives and the senate no later than February 15, 2011, that includes, but is not limited to:
(a) An assessment of all elections conducted using ranked voting methods by local governments in accordance with this part 10 and by home rule cities or cities and counties in accordance with their charters from August 5, 2008, through the general election of November 2010;
(b) Recommendations for changes to statutes, rules, and local voting procedures that would be required to implement ranked voting as a permanent alternative election method for state, federal, and local special and general elections;
(c) An inventory of available election equipment necessary for conducting elections using ranked voting methods, including the costs associated with the equipment; and
(d) Any recommendations made by the designated election officials of local governments that conducted an election using a ranked voting method.
Source: L. 2008: Entire part added, p. 1249, � 2, effective August 5. L. 2024: (1) amended and (2.5) added, (SB 24-210), ch. 468, p. 3265, � 54, effective March 1, 2026. L. 2025: (1) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: (1) Subsection (1) was relocated to � 1-7-1001.3 in 2025.
(2) Subsection (1) was amended in SB 24-210, effective March 1, 2026. However, those amendments were superseded by the repeal of subsection (1) by SB 25-275, effective August 6, 2025.
1-7-1003. Conduct of elections using ranked voting methods - instant runoff voting - choice voting or proportional voting - reports. (1) A ranked voting ballot shall allow an elector to rank as many choices as there are candidates. However, if the voting system cannot accommodate a number of rankings equal to the number of candidates, the designated election official may limit the number of choices an elector may rank to the maximum number allowed by the voting system; except that the number of choices shall not be less than three.
(2) A ranked voting ballot shall allow an elector to rank up to two write-in candidates. A vote for an unqualified write-in candidate shall not be considered a mark for a candidate.
(3) (a) In an election in which one candidate is to be elected to an office, the ranked voting method shall be known as instant runoff voting. The ballots shall be counted in rounds simulating a series of runoffs until two candidates remain or until one candidate has more votes than the combined vote total of all other candidates. The candidate having the greatest number of votes shall be declared the winner.
(b) In each round of counting ballots in an election using instant runoff voting, each ballot shall be counted as a vote for the remaining candidate ranked highest by the elector, and the candidate with the smallest number of votes shall be eliminated.
(c) If two or more candidates tie for the smallest number of votes, the candidate to eliminate shall be chosen by lot.
(4) In an election in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats, a local government may conduct a ranked voting election using the single transferable vote method, in which a winning threshold is calculated based on the number of seats to be filled and the number of votes cast so that no more than the correct number of candidates can win. The ballots shall be counted in rounds, with surplus votes transferred from winning candidates and candidates with the fewest votes eliminated according to the methodology established by the secretary of state by rule, until the number of candidates remaining equals the number of seats to be filled. A local government may also conduct an election pursuant to this subsection (4) using the principles of instant runoff voting specified in subsection (3) of this section to ensure that each elector has equal voting power and that an elector's lower ranking of a candidate does not count against the candidate to whom the elector gave the highest rank.
(5) (a) In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot.
(b) A local government that conducts an election using a ranked voting method shall conduct a voter education and outreach campaign to familiarize electors with ranked voting in English and in every language in which a ballot is required to be made available pursuant to this code and the federal Voting Rights Act of 1965, 52 U.S.C. sec. 10101 et seq.
(6) In an election using a ranked voting method, the election judges shall not count votes at the polling location but shall deliver all ballots cast in the election to the designated election official, which shall count the votes in accordance with this section and the rules adopted by the secretary of state pursuant to section 1-7-1004 (1).
(7) (a) For an election conducted using a ranked voting method, the designated election official shall issue the following reports:
(I) A summary report listing the total number of votes for each candidate in each round;
(II) A ballot image report listing for each ballot the order in which the elector ranked the candidates; and
(III) A comprehensive report listing the results in the summary report by precinct or ballot style, as required or permitted by section 1-7.5-208 (3)(a).
(b) The secretary of state may by rule establish additional requirements for the reports issued pursuant to this subsection (7).
(c) Preliminary versions of the summary report and ballot image report shall be made available to the public as soon as possible after the commencement of the official canvass of the vote pursuant to subsection (6) of this section.
Source: L. 2008: Entire part added, p. 1250, � 2, effective August 5. L. 2009: (5)(b) amended, (SB 09-292), ch. 369, p. 1938, � 2, effective August 5. L. 2013: (5)(a), (6), and (7)(a)(II) amended, (HB 13-1303), ch. 185, p. 724, � 79, effective May 10. L. 2016: (5)(b) amended, (SB 16-142), ch. 173, p. 582, � 51, effective May 18. L. 2021: (7)(a)(II) and (7)(a)(III) amended, (HB 21-1071), ch. 367, p. 2422, � 16, effective July 1, 2022.
Cross references: In 2013, subsections (5)(a), (6), and (7)(a)(II) 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.