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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. § 1-7.5-208 Certificate of mail ballots cast - survey of returns
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(1) Repealed. (2) Upon the survey of the returns of the political subdivision by the board of canvassers formed pursuant to section 1-10-101 or 1-10-201, the board shall include in its abstract of votes the votes cast in the voter service and polling center and counted at the cou…
Colo. Rev. Stat. § 1-7.5-209 Preservation of rejected mail ballots
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All identification envelopes and mail ballots rejected by the election judges in accordance with section 1-7.5-204 must be returned to the designated election official. All mail ballots received by the county clerk and recorder or designated election official after 7 p.m. on the …
Colo. Rev. Stat. § 1-7.5-210 Maintenance of mail ballot election voting records - transmittal of such records to secretary of state
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The county clerk and recorder or designated election official shall maintain a record identifying the name and voting address of each elector who casts a ballot by mail or at a voter service and polling center at any election. Source: L. 2013: Entire part added, (HB 13-1303), ch.…
Colo. Rev. Stat. § 1-8.3-101 Short title

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This article may be cited as the "Uniform Military and Overseas Voters Act". Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 664, § 1, effective May 13.

Colo. Rev. Stat. § 1-8.3-102 Definitions

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In this article 8.3: (1) "Ballot" means: (a) A federal write-in absentee ballot; (b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or (c) A ballot cast by a covered voter in accordance with this article. (2) "Covered vot…

Colo. Rev. Stat. § 1-8.3-103 Elections covered

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(1) The voting procedures in this article apply to: (a) A general, congressional vacancy, or primary election for federal office; (b) A general, recall, or primary election for statewide or state legislative office or state ballot measure; (c) Any other election coordinated by th…

Colo. Rev. Stat. § 1-8.3-104 Role of secretary of state

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(1) The secretary of state is the state official responsible for implementing this article and the state's responsibilities under the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq. (2) The secretary of state shall make available to cov…

Colo. Rev. Stat. § 1-8.3-105 Effect of "Uniformed and Overseas Citizens Absentee Voting Act" - emergency authority of secretary of state

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(1) In the event of any conflict between this article and any provisions of the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., the provisions of the federal act shall control, and all designated election officials who are charged with…

Colo. Rev. Stat. § 1-8.3-106 Overseas voter's registration address

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In registering to vote, an overseas voter who is eligible to vote in this state shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in this state, or, in the case of a voter described by section 1-8.3-102 (2)(d), the a…

Colo. Rev. Stat. § 1-8.3-107 Methods of registering to vote

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(1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application's electronic equivalent. (2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to …

Colo. Rev. Stat. § 1-8.3-108 Methods of applying for ballot - definition

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(1) Repealed. (2) A covered voter who is not registered to vote in this state may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 1-8.3-107 and for a ballot. (3) The secretary of state shall e…

Colo. Rev. Stat. § 1-8.3-109 Timeliness of application for ballot

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If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. L. 2014: Entire section a…

Colo. Rev. Stat. § 1-8.3-110 Transmission of unvoted ballots

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(1) For an election described in section 1-8.3-103 for which this state has not received a waiver pursuant to section 579 of the federal "Military and Overseas Voter Empowerment Act", 52 U.S.C. sec. 20302 (g)(2), not later than forty-five days before the election, the election of…

Colo. Rev. Stat. § 1-8.3-111 Timely casting of ballot

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To be valid, a ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later than 7:00 p.m. mountain time on the…

Colo. Rev. Stat. § 1-8.3-112 Federal write-in absentee ballot

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(1) A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 1-8.3-103. (2) The covered voter may designate the candidate by writing in the name of the candidate or by writing in the name of a polit…

Colo. Rev. Stat. § 1-8.3-113 Transmission and receipt of ballot

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(1) A covered voter who requested and received ballot materials by electronic transmission may also return the ballot by electronic transmission: (a) In circumstances where another more secure method, such as returning the ballot by mail, is not available or feasible, as specifie…

Colo. Rev. Stat. § 1-8.3-114 Declaration

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A ballot shall include or be accompanied by the signed affirmation required by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2016: Ent…

Colo. Rev. Stat. § 1-8.3-115 Use of covered voter's electronic-mail address

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(1) The local election official shall request an electronic-mail address from each covered voter who registers to vote after May 13, 2011. An electronic-mail address provided by a covered voter shall not be made available to the public or any individual or organization other than…

Colo. Rev. Stat. § 1-8.3-116 Publication of election notice

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(1) At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the secretary of state shall prepare an election notice to be used in conjunction with a federal write-in absentee ballot. The election notic…

Colo. Rev. Stat. § 1-8.3-117 Covered voter may file complaint

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Any covered voter alleging a grievance may file a complaint with the secretary of state as specified in section 1-1.5-105. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. OFFICIAL COMMENT In addition to providing an enforcement mechani…

Colo. Rev. Stat. § 1-8.3-118 Uniformity of application and construction

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In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. OFFICIAL …

Colo. Rev. Stat. § 1-8.3-119 Relation to electronic signatures in global and national commerce act

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This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of a…

Colo. Rev. Stat. § 1-8.5-101 Provisional ballot - entitlement to vote

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(1) At any election conducted pursuant to this title, a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established upon examination of the registration list or upon examination of the records on file with the county c…

Colo. Rev. Stat. § 1-8.5-101.5 Electronic voting device - use for casting provisional ballot

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(1) An electronic voting device may be used to cast a provisional ballot if the device is certified by the secretary of state for that purpose. (2) If an electronic voting device that is certified for use with provisional ballots is used in an election, the designated election of…

Colo. Rev. Stat. § 1-8.5-102 Form of provisional ballot

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(1) A provisional ballot shall contain text clearly identifying it as a provisional ballot. (2) An elector casting a provisional ballot shall complete an affidavit and receive information and instructions on the voting and handling of provisional ballots. The secretary of state s…

Colo. Rev. Stat. § 1-8.5-103 Provisional ballot affidavit

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(1) The provisional ballot affidavit shall contain language prescribed by the secretary of state by rule and shall include an attestation, a notice of perjury, a warning of the penalty for falsifying the affidavit, and information sufficient to verify the elector's eligibility to…

Colo. Rev. Stat. § 1-8.5-104 Voting procedure - provisional ballot

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(1) An elector casting a provisional ballot shall complete and sign the provisional ballot affidavit and cast the ballot. (2) The fact that an elector casts a provisional ballot shall be indicated on the signature card or pollbook next to the elector's name. (3) The election judg…

Colo. Rev. Stat. § 1-8.5-105 Verification of provisional ballot information - counting procedure

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(1) In accordance with this section and using the procedures and databases prescribed by the secretary of state by rules promulgated in accordance with article 4 of title 24, C.R.S., the designated election official shall attempt to verify that an elector who cast a provisional b…

Colo. Rev. Stat. § 1-8.5-106 Counting of provisional ballots

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If the designated election official verifies that an elector who cast a provisional ballot in accordance with this article is eligible to vote, the provisional ballot shall be counted. If the elector's registration cannot be verified, the ballot shall not be counted. Source: L. 2…

Colo. Rev. Stat. § 1-8.5-110 Handling of provisional ballots - reporting of results

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(1) Provisional ballots shall be kept separate from all other ballots and counted separately. (2) If twenty-five or more provisional ballots are cast and counted in a county, the designated election official shall report the results of voting by provisional ballot as a separate t…

Colo. Rev. Stat. § 1-8.5-111 Information system

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For any election held on or after January 1, 2004, in which a provisional ballot is cast, the county clerk and recorder or designated election official shall establish a system allowing an elector who cast a provisional ballot to discover whether the ballot was counted and, if th…

Colo. Rev. Stat. § 1-8.5-112 Rules

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The secretary of state shall promulgate all appropriate rules in accordance with article 4 of title 24, C.R.S., for the purpose of ensuring the uniform application of this article. Source: L. 2005: Entire article added, p. 1419, § 39, effective June 6; entire article added, p. 14…

Colo. Rev. Stat. § 1-10.5-101 Recounts required - expenses

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(1) (a) (Deleted by amendment, L. 2001, p. 1265, § 1, effective June 5, 2001.) (b) A recount of any election contest shall be held if the difference between the highest number of votes cast in that election contest and the next highest number of votes cast in that election contes…

Colo. Rev. Stat. § 1-10.5-102 Recounts for congressional, state, and district offices, state ballot questions, and state ballot issues

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(1) If the secretary of state determines that a recount is required for the office of United States senator, representative in congress, any state office or district office of state concern, any state ballot question, or any state ballot issue certified for the ballot by the secr…

Colo. Rev. Stat. § 1-10.5-103 Recount for other offices, ballot issues, and ballot questions in an election coordinated by county clerk and recorder

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In any election coordinated by the county clerk and recorder, if it appears, as evidenced by the official abstract of votes cast, that a recount is required for any office, ballot question, or ballot issue not included in section 1-10.5-102, the county clerk and recorder shall or…

Colo. Rev. Stat. § 1-10.5-105 Notice of recount

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Notice prior to the recount must be given to all candidates and, in the case of a ballot issue or ballot question, any petition representative identified pursuant to section 1-40-113, any governing body, or any agent of an issue committee, if such committee is required to report …

Colo. Rev. Stat. § 1-10.5-106 Request for recount by interested party - definition

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(1) As used in this section, "interested party" means the candidate who lost the election, the political party or political organization of such candidate, any petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question that did not pass …

Colo. Rev. Stat. § 1-10.5-107 Conducting a recount

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(1) Any county clerk and recorder required to conduct a recount shall arrange for the canvass board who officiated in certifying the official abstract of votes cast to observe the conduct of the recount. If any member of the canvass board cannot be present for the recount, anothe…

Colo. Rev. Stat. § 1-10.5-109 Challenge of recount - definition

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(1) (a) As used in this section, "interested party" means: (I) A candidate, political party, or political organization of a candidate; (II) A petition representative identified pursuant to section 1-40-113 for a ballot issue or ballot question; (III) The governing body that refer…

Colo. Rev. Stat. § 1-13.5-1001 When absentee electors may vote

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Any eligible elector of a local government may cast an absentee voter's ballot at the election in the manner provided in sections 1-13.5-1002 to 1-13.5-1007. Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18. ANNOTATION Annotator's note…

Colo. Rev. Stat. § 1-13.5-1002 Application for absentee voter's ballot - delivery - list

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(1) (a) (I) Requests for an application for an absentee voter's ballot may be made orally or in writing. The application may be in the form of a letter. The application may request that the applicant be added to the permanent absentee voter list for the local government. (II) App…

Colo. Rev. Stat. § 1-13.5-1003 Application for permanent absentee voter status

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(1) Any eligible elector of a political subdivision may apply for permanent absentee voter status. The application for permanent absentee voter status must be made in writing or by facsimile using an application form or letter furnished by the designated election official of the …

Colo. Rev. Stat. § 1-13.5-1004 List of absentee voters' ballots - removal from list

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(1) The designated election official shall keep a list of names of eligible electors who have applied for absentee voters' ballots and of those permanent absentee voters placed on the list pursuant to section 1-13.5-1003 (2), with the date on which each application was made, the …

Colo. Rev. Stat. § 1-13.5-1005 Self-affirmation on return envelope

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(1) The return envelope for an absentee voter's ballot must have printed on its face a self-affirmation substantially in the form provided in section 1-13.5-605 (1). (2) If applicable, the self-affirmation provided in section 1-13.5-605 (2) may be substituted for the self-affirma…

Colo. Rev. Stat. § 1-13.5-1006 Manner of absentee voting by paper ballot

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(1) Any eligible elector applying for and receiving an absentee voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, depo…

Colo. Rev. Stat. § 1-13.5-1007 Absentee voters' voting machines - electronic voting systems

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(1) Any local government using voting machines in a local government election may provide one or more machines in the designated election official's office for the use of qualified applicants for absentee voters' ballots. If such machines are provided, they must be available from…

Colo. Rev. Stat. § 1-13.5-1008 Delivery to judges

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Not later than 8:30 a.m. on the day of any local government election, the designated election official shall deliver to the election judges of one of the polling places of the local government, which polling place shall be selected by the designated election official, all the abs…

Colo. Rev. Stat. § 1-13.5-1009 Casting and counting absentee voters' ballots

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If the self-affirmation on the envelope containing an absentee voter's ballot is properly sworn to, one of the election judges shall tear open the voter's identification envelope in the presence of a majority of the judges without defacing the self-affirmation printed thereon or …

Colo. Rev. Stat. § 1-13.5-101 Short title

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This article shall be known and may be cited as the "Colorado Local Government Election Code". Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 5, § 6, effective February 18.

Colo. Rev. Stat. § 1-13.5-1010 Challenge of absentee voters' ballots - rejection - record

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(1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the election judges may determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee v…