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Colorado Statutes, Title 1

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Title 1, Elections

0 chapters · 774 sections in this title.

All chapters in Title 1774 Ch 13.5135 Ch 485 Ch 575 Ch 760 Ch 1360 Ch 256 Ch 1139 Ch 1236 Ch 4036 Ch 7.530 Ch 122 Ch 4522 Ch 619 Ch 8.319

774 sections·Filtered byTitle 1✕

Colo. Rev. Stat. § 1-7-504 Spoiled ballot or ballot card
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In polling locations in which voting is on a ballot or ballot card, no person, except an election judge as authorized by the designated election official, shall remove a spoiled ballot or ballot card from the polling location before the close of the polls. Any eligible elector wh…
Colo. Rev. Stat. § 1-7-507 Electronic vote-counting - procedure
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(1) All proceedings at the counting centers shall be under the direction of the designated election official and the representatives of the political parties, if a partisan election, or watchers, if a nonpartisan election. No persons, except those authorized for the purpose, shal…
Colo. Rev. Stat. § 1-7-508 Determination of improperly marked ballots
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(1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote-counting equipment, a true duplicate copy shall be made of the damaged ballot by a bipartisan team of election judges. The duplicate ballot shall be substituted for the damaged …
Colo. Rev. Stat. § 1-7-509 Electronic and electromechanical vote counting - testing of equipment required - rules

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(1) (a) An electronic or electromechanical voting system shall be tested at the conclusion of maintenance and testing. The tests shall be sufficient to determine that the voting system is properly programmed, the election is correctly defined on the voting system, and all of the …

Colo. Rev. Stat. § 1-7-510 Election software code - escrow - definition

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(1) As used in this section, unless the context otherwise requires, "election setup records" means the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions related to the election. (2) A…

Colo. Rev. Stat. § 1-7-511 Election software - voting equipment providers - escrow - definition

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(1) When a voting system provider submits an electronic or electromechanical voting system for certification pursuant to part 6 of article 5 of this title, the voting system provider shall place in escrow with the secretary of state or an independent escrow agent approved by the …

Colo. Rev. Stat. § 1-7-512 Voting system providers - duties - definition

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(1) A voting system provider under contract to provide a voting system to a political subdivision in this state shall: (a) Coordinate with the secretary of state to support the installation of any hardware, firmware, or software or of any change in the election software in any co…

Colo. Rev. Stat. § 1-7-513 Voting equipment - records

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(1) The designated election official shall maintain separate, detailed records for each component of a voting system used in an election. Such records shall include, but not be limited to, the manufacturer, make, model, serial number, hardware, firmware, software version or relea…

Colo. Rev. Stat. § 1-7-513.5 Voting equipment - security

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(1) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system in a location where entry is controlled by use of a key card access system. The designated election offic…

Colo. Rev. Stat. § 1-7-514 Random audit

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(1) (a) (I) Except as otherwise provided in subsection (6) of this section, following each primary, general, coordinated, or congressional district vacancy election, the secretary of state shall publicly initiate a manual random audit to be conducted by each county. Unless the se…

Colo. Rev. Stat. § 1-7-515 Risk-limiting audits - rules - legislative declaration - definitions

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(1) (a) The general assembly hereby finds, determines, and declares that the auditing of election results is necessary to ensure effective election administration and public confidence in the election process. Further, risk-limiting audits provide a more effective manner of condu…

Colo. Rev. Stat. § 1-7-601 Judges' certificate and statement

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(1) As soon as all the votes have been read and counted, either at the precincts or at the electronic balloting counting centers, the election judges shall make a certificate for each precinct, stating the name of each candidate, the office for which that candidate received votes…

Colo. Rev. Stat. § 1-7-603 Alternative preparation of election returns - procedures

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If any designated election official wishes to count the votes cast at a location or by a method other than authorized by this code, the designated election official may present a plan, for approval by the secretary of state, that delineates the process for assuring accuracy and c…

Colo. Rev. Stat. § 1-7-701 Delivery of election returns, ballot boxes, and other election papers

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When all the votes have been read and counted, the election judges selected in accordance with section 1-6-109.5 shall deliver to the designated election official the certificate and statement required by section 1-7-601, ballot boxes and all keys to the boxes, paper tapes, "prom…

Colo. Rev. Stat. § 1-7-801 Ballots preserved

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The designated election official shall remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to section 1-7-802. Source: L. 92: Entire article R&RE, p. 751, § 9, effective January 1, 199…

Colo. Rev. Stat. § 1-7-802 Preservation of election records

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The designated election official shall be responsible for the preservation of any election records for a period of at least twenty-five months after the election or until time has expired for which the record would be needed in any contest proceedings, whichever is later. Unused …

Colo. Rev. Stat. § 1-7-803 Custody and lawful transfer of election records - rules

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(1) A designated election official must not transfer custody or control of election records or other election materials, as designated by the secretary of state, to a third party unless the transfer is authorized or required by the secretary of state or a mandatory legal obligati…

Colo. Rev. Stat. § 1-7-901 Receipt of comments concerning ballot issues

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(1) Each political subdivision shall accept written comments concerning ballot issues in accordance with this section. (2) All comments filed in writing will be received and kept on file with the designated election official for the political subdivision submitting to its eligibl…

Colo. Rev. Stat. § 1-7-902 Preparation of fiscal information

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A governing body submitting a referred measure, or its designee, shall be responsible for providing to its designated election official the fiscal information that must be included in the ballot issue notice. For political subdivisions, the governing body shall be the board that …

Colo. Rev. Stat. § 1-7-903 Preparation of written comments

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(1) For referred measures, the designated election official shall summarize the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice. (2) For initiated measures, the petition representatives shall be solely responsible for summarizing all c…

Colo. Rev. Stat. § 1-7-904 Transmittal of notices

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Notwithstanding the provision for independent mail ballot elections in section 1-7-116 (1), the designated election official or the official's designee for a political subdivision conducting an election in November shall prepare and deliver to the county clerk and recorder for th…

Colo. Rev. Stat. § 1-7-905 Preparation of notices

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(1) For coordinated elections, the county clerk and recorder is responsible for placing the ballot issue notices received from the various political subdivisions participating in the election in the proper order in the ballot issue notice packet. As nearly as practicable, the not…

Colo. Rev. Stat. § 1-7-905.5 Form of notice

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(1) The ballot issue notice must begin with the words "All registered voters", regardless of whether the electors of the political subdivision must be registered electors to be eligible to vote in the election, and ends at the conclusion of the summary of comments. Any informatio…

Colo. Rev. Stat. § 1-7-906 Mailing of notices

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(1) For coordinated elections, the county clerk and recorder as coordinated election official shall mail the ballot issue notice packet to each address of one or more active registered electors who reside in the county or portions of the county in which registered voters of those…

Colo. Rev. Stat. § 1-7-907 Ballot issue notice

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The ballot issue notice shall be prepared and mailed in substantial compliance with section 20 of article X of the state constitution, the provisions of this title, and the rules and regulations of the secretary of state. Source: L. 96: Entire part amended with relocations, p. 17…

Colo. Rev. Stat. § 1-7-908 Additional notice - election to create financial obligation

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(1) (a) A district submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the district shall post notice of the following information on the district's website or, if the district does not maintain a website, at the district'…

Colo. Rev. Stat. § 1-9-101 Challenge of incorrect registration

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(1) (a) Any registered elector may protest the registration of any person whose name appears in a county registration record for the county in which the challenging elector resides. A protest may challenge a person's registration as incorrect because the person is: (I) Not a citi…

Colo. Rev. Stat. § 1-9-201 Right to vote may be challenged

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(1) (a) A person's right to vote at a polling location or in an election may be challenged on one or more of the following grounds: (I) The person is not a citizen of the United States; (II) The person has not resided in the state for twenty-two days immediately preceding the ele…

Colo. Rev. Stat. § 1-9-202 Challenge to be made by written oath

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Each challenge must be made by written oath on a form provided by an election judge. The form must include a space for the name of the person challenged and the specific factual basis for the challenge of the person's right to vote as set forth in section 1-9-201 (1)(a) and must …

Colo. Rev. Stat. § 1-9-203 Challenge questions asked person intending to vote

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(1) (Deleted by amendment, L. 2005, pp. 1420, 1455, §§ 42, 42, effective June 6, 2005.) (2) If the person is challenged as not eligible because the person is not a citizen, an election judge shall ask the following question: (a) Are you a citizen of the United States? (b) (Delete…

Colo. Rev. Stat. § 1-9-207 Challenges of ballots cast by mail

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(1) The ballot of any elector that has been cast by mail may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged ballots, except those rejected for forge…

Colo. Rev. Stat. § 1-9-208 Challenges of provisional ballots

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The ballot of any provisional voter may be challenged using a challenge form signed by the challenger under penalty of perjury setting forth the name of the person challenged and the basis for the challenge. Challenged provisional ballots, except those rejected for submission of …

Colo. Rev. Stat. § 1-9-209 Challenges delivered to district attorney

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The county clerk and recorder or designated election official shall forthwith deliver a challenge that is not withdrawn, along with the affidavit of the elector on the mail-in, provisional ballot, or mail ballot return envelope, to the district attorney for investigation and acti…

Colo. Rev. Stat. § 1-9-210 Copy of challenge delivered to elector

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When a challenge is made to a person who cast a mail ballot or provisional ballot and the person was not present at the time of the challenge, the county clerk and recorder or designated election official shall notify and mail a copy of the challenge to the person challenged in a…

Colo. Rev. Stat. § 1-10-101 Canvass board for partisan elections - appointment, fees, oaths

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(1) (a) At least fifteen days before any primary, general, congressional vacancy, or special legislative election, the county chairpersons of each of the two major political parties in each county shall certify to the county clerk and recorder, in the manner prescribed by such cl…

Colo. Rev. Stat. § 1-10-101.5 Duties of the canvass board

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(1) The canvass board shall: (a) Reconcile the ballots cast in an election to confirm that the number of ballots counted in that election does not exceed the number of ballots cast in that election; (b) Reconcile the ballots cast in each precinct in the county to confirm that the…

Colo. Rev. Stat. § 1-10-102 Official abstract of votes cast - certification

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(1) No later than the twenty-second day after any election coordinated by the county clerk and recorder, the canvass board shall complete its duties. (2) (Deleted by amendment, L. 99, p. 479, § 4, effective July 1, 1999.) (3) If a recount is held and the vote result changes, the …

Colo. Rev. Stat. § 1-10-103 Transmitting returns to the secretary of state - total of results

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(1) Immediately after the official abstract of votes cast has been certified and no later than the twenty-second day after any general or primary election or any coordinated election that includes a statewide ballot measure, the county clerk and recorder shall transmit to the sec…

Colo. Rev. Stat. § 1-10-104 Imperfect returns - corrections

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(1) If, in the course of their duties, the canvass board or the secretary of state finds that the method of making or certifying returns from any precinct, county, or district does not conform to the requirements of law, the returns shall nevertheless be canvassed if they are suf…

Colo. Rev. Stat. § 1-10-104.5 Rules

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The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., for the purpose of establishing equitable uniformity in the appointment and operation of canvass boards. Source: L. 2009: Entire section added, (HB 09-1336), ch. 261, p. 1199, § 10, ef…

Colo. Rev. Stat. § 1-10-105 Election results - certification by secretary of state

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(1) After receiving, compiling, and totaling the final abstracts of votes cast for all elections from the counties, and after all mandatory recounts have been completed, the secretary of state shall prepare and certify the official statewide election results for all candidates, b…

Colo. Rev. Stat. § 1-10-106 Summary of election results - statewide elections - early voting

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(1) (a) Within sixty days after a statewide election, the designated election official shall prepare and make available to the public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question on the …

Colo. Rev. Stat. § 1-10-201 Canvass of nonpartisan elections

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(1) Except as provided for special districts in subsection (1.5) of this section, at least fifteen days before any nonpartisan election that is not coordinated by the county clerk and recorder, the governing body or bodies that called the election shall appoint two registered ele…

Colo. Rev. Stat. § 1-10-202 Canvass of votes in coordinated elections

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For any election coordinated by the county clerk and recorder, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies holding the election. Source: L. 92: Entire article R&RE, p. 778, § 13, effective January 1, 1993. L…

Colo. Rev. Stat. § 1-10-203 Official abstract of votes cast - nonpartisan elections

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(1) No later than twenty-two days after an election, the canvass board shall certify to the designated election official the official abstract of votes cast for all candidates, ballot issues, and ballot questions in that election. (2) If the election is canceled pursuant to secti…

Colo. Rev. Stat. § 1-10-204 Imperfect returns

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If the canvass board finds that the method of making or certifying returns from any precinct does not conform to the requirements of law, the returns of the votes cast in that precinct shall nevertheless be canvassed if the returns are sufficiently explicit to enable the canvass …

Colo. Rev. Stat. § 1-10-205 Corrections

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If the canvass board finds a clerical error or omission in the returns, the board shall consult with the election judges from whom the returns were received to resolve the discrepancies. The election judges shall submit to the canvass board any documentation for verification of t…

Colo. Rev. Stat. § 1-11-101 Tie votes at partisan elections

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(1) If at any general or congressional vacancy election, after all recounts have been completed, any two or more pairs of joint candidates for the offices of governor and lieutenant governor or if two or more candidates for the offices of secretary of state, state treasurer, or a…

Colo. Rev. Stat. § 1-11-102 Tie votes in nonpartisan elections

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If any two or more candidates tie for the highest number of votes for the same office and if there are not enough offices remaining for all the candidates, the board of canvassers shall determine by lot the person who shall be elected. Reasonable notice shall be given to the cand…

Colo. Rev. Stat. § 1-11-102.5 Ballot issue and ballot question - majority required

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If any ballot issue or ballot question is approved by less than a majority of the votes cast, the issue or question shall be considered to have failed. Source: L. 95: Entire section added, p. 845, § 71, effective July 1.