C.R.S. § 1-7.5-101 Short title
1-7.5-101. Short title. This article shall be known and may be cited as the "Mail Ballot Election Act".
Mail Ballot Elections
C.R.S. tit. 1, art. 7.5
in effectC.R.S. § 1-7.5-102 Legislative declaration
1-7.5-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that self-government by election is more legitimate and better accepted as voter participation increases. By enacting this article, the general assembly hereby concludes that it is appropriate to provide for mail ballot elections under specified circumstances.
(2) Recognizing the continued need for in-person voting options through early voting and on election day, the general assembly finds that mail ballot elections conducted by the county clerk and recorder must include voter service and polling centers so voters can register to vote, update voter registration information, and vote in person.
(3) Nothing in this code prevents a political subdivision from conducting an independent mail ballot election in accordance with article 13.5 of this title.
C.R.S. § 1-7.5-103 Definitions
1-7.5-103. Definitions. As used in this article 7.5, unless the context otherwise requires:
(1) "Designated election official" means official as defined in section 1-1-104 (8).
(2) "Election" means any election under the "Uniform Election Code of 1992" or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.
(3) "Election day" means the date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.
(3.5) "Independent mail ballot election" has the meaning set forth in section 1-13.5-1102.
(4) "Mail ballot election" means an election for which eligible electors receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election.
(5) "Mail ballot packet" means the packet of information provided by the designated election official to eligible electors in the mail ballot election and to persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a return envelope, and, if applicable, a secrecy envelope or sleeve.
(6) "Political subdivision" means a governing subdivision of the state, including counties, municipalities, school districts, and special districts.
(7) "Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.
(8) "Secrecy envelope" means the envelope or sleeve used for a mail ballot election that contains the eligible elector's ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election.
C.R.S. § 1-7.5-104 Mail ballot elections - applicability - optional for political subdivisions other than a county
1-7.5-104. Mail ballot elections - applicability - optional for political subdivisions other than a county. For all general, primary, odd-year, coordinated, recall, and congressional vacancy elections, the county clerk and recorder shall conduct the election by mail ballot under the supervision of, and subject to rules promulgated in accordance with article 4 of title 24, C.R.S., by, the secretary of state.
C.R.S. § 1-7.5-104.5 Ballots and supplies for mail voting
1-7.5-104.5. Ballots and supplies for mail voting. (1) The county clerk and recorder or designated election official shall provide mail ballots, affidavits, certificates, envelopes, instruction cards, and other necessary supplies in the same manner as other election supplies are provided for in all elections and without cost to any eligible elector wishing to vote pursuant to this article.
(2) (a) The ballots must be in the same form as other official ballots for the same election.
(b) The approved form must include, at a minimum:
(I) Instructions to return a copy of identification with the ballot for first-time electors who are required to provide identification in accordance with section 1-2-501;
(I.5) Instructions on how the elector can provide identification and a signature for verification for first-time electors who do not have a signature stored in the statewide voter registration system;
(II) Information regarding the availability of accessible voting systems in elections coordinated by the county clerk and recorder;
(III) Information regarding how to vote and return the ballot or obtain a replacement; and
(IV) Instructions to include adequate postage.
(3) In counties including more than one state senatorial district or more than one state representative district, or both, mail ballots must be provided in a manner to be determined by the county clerk and recorder for each combination of state legislative districts. Distinctive markings or colors may be used to identify political subdivisions when such colors or distinctive markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist of one or more pages or cards so long as each page or card is numbered and identified as provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots to be cast on voting machines as well as to paper ballots and ballot cards that can be electronically counted.
(4) (a) On the mail ballot instructions, the following statements must be printed: "All ballots are counted in the same manner." and "You must sign the affirmation on the envelope. Do not sign, initial, or print your name on the ballot."
(b) The mail ballot instructions shall contain information on how the elector may verify that his or her mail ballot has been received by the county clerk and recorder or designated election official as provided in section 1-7.5-207.
C.R.S. § 1-7.5-105 Preelection process - rules
1-7.5-105. Preelection process - rules. (1) (a) The county clerk and recorder or designated election official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later than one hundred ten days prior to the election. The proposed plan may be based on the standard plan adopted by the secretary of state by rule.
(b) For each general election, a county clerk and recorder or designated election official shall solicit public comment on the proposed locations for voter service and polling centers and drop boxes in an election plan required pursuant to subsection (1)(a) of this section. On or before the fifty-fifth day before the deadline to submit the plan to the secretary of state, the county clerk and recorder or designated election official shall post to the county clerk and recorder's website the proposed locations for voter service and polling centers and drop boxes. The county clerk and recorder shall accept public comments on the proposed locations through the fortieth day before the deadline to submit the plan to the secretary of state.
(1.3) The election plan required under subsection (1) of this section must include, at a minimum:
(a) The address and hours of operation for each voter service and polling center;
(b) The address and hours of operation for each ballot drop-off location, including the location of each drop box;
(c) A throughput analysis for each designated voter service and polling center that addresses:
(I) The number of electors anticipated at the center during its operation;
(II) If the center was used in a previous election, the wait times and number of electors that used the center in the previous election; and
(III) The number of election judges, check-in stations, printers, and other equipment that will be in use at the center;
(d) A copy of the mail ballot packet that will be used in the election;
(e) A copy of the signature card that will be used for in-person voting in accordance with section 1-7-110;
(f) Copies of all forms that will be available or provided to electors to cure deficiencies or errors during the election with the county-specific information filled in;
(f.5) The information required by section 1-7.5-113.5 (2); and
(g) Such other information as the secretary of state may require.
(1.5) Repealed.
(2) (a) The secretary of state shall approve or disapprove the written plan for conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving the plan and shall provide a written notice to the affected political subdivision.
(b) Repealed.
(c) The secretary of state may promulgate rules concerning the submission and approval of election plans.
(3) The county clerk and recorder or designated election official shall supervise the distribution, handling, and counting of ballots and the survey of returns in accordance with rules promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.
(4) No elector information shall be delivered in the form of a sample ballot.
C.R.S. § 1-7.5-106 Secretary of state - duties and powers
1-7.5-106. Secretary of state - duties and powers. (1) In addition to any other duties prescribed by law, the secretary of state, with advice from election officials of the several political subdivisions, shall:
(a) Prescribe the form of materials to be used in the conduct of mail ballot elections; except that all mail ballot packets shall include a ballot, instructions for completing the ballot, and a return envelope;
(b) Establish procedures for conducting mail ballot elections; except that the procedures shall be consistent with section 1-7.5-107;
(c) Supervise the conduct of mail ballot elections by the election officials as provided in section 1-7.5-105 (3).
(2) In addition to other powers prescribed by law, the secretary of state may adopt rules governing procedures and forms necessary to implement this article and may appoint any county clerk and recorder as an agent of the secretary to carry out the duties prescribed in this article.
C.R.S. § 1-7.5-106.5 Registration record - list of mail ballots
1-7.5-106.5. Registration record - list of mail ballots. (1) Before any mail ballot is delivered or mailed or before any eligible elector is permitted to cast a vote at an election where the county clerk and recorder is the designated election official, the designated election official shall record the date the ballot is delivered or mailed in the statewide voter registration database.
(2) For nonpartisan elections coordinated by the county clerk and recorder, voters shall be recorded in the statewide voter registration database.
(3) The county clerk and recorder or designated election official shall record in the statewide voter registration system created in section 1-2-301 (1) the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the county clerk and recorder shall record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules.
C.R.S. § 1-7.5-107 Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal
1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal. (1) Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secretary of state; except that mail ballot packets shall be prepared in accordance with this article.
(2) Repealed.
(2.3) (Deleted, 2016.)
(2.5) Repealed.
(2.7) Subsequent to the preparation of ballots in accordance with section 1-5-402 but prior to the mailing required under subsection (3) of this section, and no sooner than forty-five days nor later than thirty-two days before an election, a designated election official shall provide a mail ballot to a registered elector requesting the ballot at the designated election official's office or the office designated in the election plan filed with the secretary of state.
(3) (a) (I) Not sooner than twenty-two days before a general, primary, or other mail ballot election, and no later than eighteen days before the election, the county clerk and recorder or designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED.", or any other similar statement that is in accordance with United States postal service regulations. Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.
(II) If the twenty-second day before a general, primary, or other mail ballot election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, the county clerk and recorder or designated election official may mail ballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second day.
(b) The ballot or ballot label shall contain the following warning:
WARNING:
Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.
(b.5) (I) (A) The return envelope must have printed on it a self-affirmation substantially in the following form:
I affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; I voted the ballot that was issued to me; and this is the only ballot I have voted in this election.
............................................................
DateSignature of voter
(B) (Deleted by amendment, L. 2021.)
(II) The signing of the self-affirmation on the return envelope shall constitute an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person.
(III) The return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device.
(c) Repealed.
ury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person.
(III) The return envelope shall not be required to have a flap covering the signature or otherwise impede the use of a signature verification device.
(c) Repealed.
(d) An eligible elector may obtain a replacement ballot in accordance with the procedures specified in sections 1-7.5-114.5 and 1-7.5-115.
(3.5) (a) Unless otherwise provided by section 1-2-201 (5), the requirements of this subsection (3.5) apply to a person who registered to vote in accordance with article 2 of this title and who has not previously voted in an election in Colorado.
(b) Any person who matches the description specified in subsection (3.5)(a) of this section and intends to cast his or her ballot by mail in accordance with this article 7.5 shall submit with his or her mail ballot a copy of identification within the meaning of section 1-1-104 (19.5).
(c) The county clerk and recorder or designated election official shall include with the mail ballot packet required by paragraph (a) of subsection (3) of this section written instructions advising an elector who matches the description specified in paragraph (a) of this subsection (3.5) of the manner in which the elector shall be in compliance with the requirements contained in paragraph (a) of this subsection (3.5).
(d) (I) Any person who desires to cast his or her ballot by mail but does not satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail. The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section. If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted.
(II) The county clerk and recorder or designated election official, within twenty-four hours of receiving an eligible elector's identification in compliance with subsection (3.5)(b) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (3.5)(d)(II) on a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsection (3.5)(d)(I) of this section and sections 1-7.5-107.3 (1.5)(a) and 1-7.5-107.3 (2)(a) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued or indicates that the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.
(III) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (4.3)(a)(II) of this section.
s eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.
(III) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (4.3)(a)(II) of this section.
(e) The requirements of this subsection (3.5) shall be implemented by state and local election officials in a uniform and nondiscriminatory manner.
(f) Notwithstanding any other provision of law, the requirements of this subsection (3.5) do not apply to any person who is:
(I) Entitled to vote by absentee ballot under the federal "Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq.;
(II) Provided the right to vote otherwise than in person under section (b)(2)(B)(ii) of the federal "Voting Accessibility for the Elderly and Handicapped Act", 52 U.S.C. sec. 20102 et seq.; or
(III) Entitled to vote otherwise than in person under any other federal law.
(4) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, enclose identification if required by subsection (3.5) of this section, and comply with the instructions provided with the ballot.
(b) (I) The eligible elector may:
(A) Return the marked ballot to the county clerk and recorder or designated election official by United States mail or by depositing the ballot at the office of the county clerk and recorder or designated election official or at any voter service and polling center, drop box, or drop-off location designated by the county clerk and recorder or designated election official as specified in the election plan filed with the secretary of state. The ballot must be returned in the return envelope.
(B) Deliver the ballot to any person of the elector's own choice or to any duly authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery; or
(C) Cast his or her vote in person at the voter service and polling center.
(II) If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the office of the county clerk and recorder or designated election official, a drop box, or a designated drop-off location, which must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election.
(III) A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be voting more than once pursuant to section 1-13-710.
(IV) Nothing in subparagraph (II) of this paragraph (b) affects or supersedes provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113.
election.
(III) A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be voting more than once pursuant to section 1-13-710.
(IV) Nothing in subparagraph (II) of this paragraph (b) affects or supersedes provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113.
(c) and (d) Repealed.
(4.3) (a) (I) For any election, other than a general election, for which a county clerk and recorder is the designated election official, there must be a minimum number of drop boxes where mail ballots may be deposited equal to at least one drop box for each thirty thousand active registered electors in the county; except that, if the district or political subdivision for which the election is being conducted is less populous than the county, the county clerk and recorder shall designate at least one drop box for each thirty thousand current active registered electors eligible to vote in that election. The drop boxes must be arrayed throughout the county in a manner that provides the greatest convenience to electors. Each drop box must comply with the secretary of state's current security rules.
(II) On and after January 1, 2020, for a presidential primary or November coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the county clerk and recorder 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 section 1-5-102.9 (1)(b.5)(III).
(III) A county may establish additional drop-off locations at the county's discretion. Each drop-off location must be supervised in accordance with section 1-5-102.9 (5)(f).
(b) The minimum number of drop boxes described in subsection (4.3)(a) of this section must accept mail ballots delivered by electors during, at a minimum, the seven days prior to and including the day of the election.
(c) (I) The county clerk and recorder or designated election official shall arrange for the collection of ballots by bipartisan teams of election judges or staff from each drop box location after the drop box location is open and must receive the ballots into the statewide voter registration system:
(A) At least once every seventy-two hours after ballots are mailed, excluding ballots that are mailed pursuant to the federal"Uniformed and Overseas Citizens Absentee Voting Act of 1986", 52 U.S.C. sec. 20301 et seq., until the date that voter service and polling centers are required to open;
(B) At least once every twenty-four hours during the days that voter services and polling centers are required to be open;
(C) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least once on the Sunday before election day; and
(D) For counties with at least two hundred fifty thousand active electors as of the date of the previous general election, at least twice on the Monday before election day and at least twice on election day before 7 p.m.
(II) A county clerk and recorder or designated election official may satisfy the requirements of subsection (4.3)(c)(I) of this section by:
(A) Collecting and transporting the ballots to the central counting location for receipt into the statewide voter registration system; or
(B) Collecting and transporting the ballots to the nearest voter service and polling center for receipt into the statewide voter registration system.
der or designated election official may satisfy the requirements of subsection (4.3)(c)(I) of this section by:
(A) Collecting and transporting the ballots to the central counting location for receipt into the statewide voter registration system; or
(B) Collecting and transporting the ballots to the nearest voter service and polling center for receipt into the statewide voter registration system.
(III) A county clerk and recorder may request a waiver from the secretary of state exempting the county from the drop box ballot collection requirements in subsection (4.3)(c)(I) of this section. If the secretary of state grants the waiver, the county clerk shall arrange for the collection of ballots by bipartisan teams of election judges from all exempt drop box locations once they are open as often as necessary, but at least once each week after the initial mailing of ballots under subsection (3)(a)(I) of this section, until the Friday before election day. The county clerk must post a notice on each exempt drop box of the dates and approximate times ballots will be collected.
(4.5) (a) (I) For any primary or November coordinated election, the county clerk and recorder shall designate voter service and polling centers equal to no fewer than the number of county motor vehicle offices in the county; except that each county shall have no fewer than one voter service and polling center, and, for counties with fewer than twenty-five thousand active registered electors, only one voter service and polling center is required. The county clerk and recorder may add additional voter service and polling center locations as necessary.
(II) Repealed.
(III) (A) For a presidential primary or November coordinated election, from the eighth day before the election until the second day before the election, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education, as defined in section 23-3.1-102 (5), that has ten thousand or more enrolled students, and on the day before the election and on election day, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).
(B) In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) may count toward the minimum requirements of subsection (4.5)(a)(I) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) must be in addition to the minimum requirements of subsection (4.5)(a)(I) of this section.
(b) (Deleted by amendment, L. 2013.)
(b.5) For any election, other than a general, primary, or November coordinated election, for which the county clerk and recorder is the designated election official, the county clerk and recorder shall designate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election.
(c) The minimum number of voter service and polling centers shall be open during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays.
gnate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election.
(c) The minimum number of voter service and polling centers shall be open during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays.
(d) In designating voter service and polling centers under this subsection (4.5), a county clerk and recorder shall take into account the factors described under section 1-5-102.9 (1)(c)(I).
(4.7) For the purposes of subsections (4.3) and (4.5) of this section, the number of active registered 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.
(5) (a) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.
(b) (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 834, § 20, effective May 5, 2010.)
(c) For any election conducted with or coordinated by a county clerk and recorder, the signature of the eligible elector on the return envelope shall be compared with the signature of the eligible elector on file in the office of the county clerk and recorder or in the statewide voter registration system in accordance with section 1-7.5-107.3.
(6) All deposited ballots shall be counted as provided in this article and by rules promulgated by the secretary of state. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 1-7-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has returned more than one ballot, the first ballot received is the accepted ballot. All candidates and issues for which the voter is eligible to vote will be counted on the accepted ballot. Rejected ballots shall be handled in the same manner as provided in sections 1-7.5-204 and 1-7.5-210.
(7) If, by the close of polls, an elector deposits a ballot at a drop-off location in a county in which the elector does not reside, the county clerk and recorder, upon discovering that fact, shall timely deliver the ballot to the county clerk and recorder of the county in which the elector resides, who shall accept the ballot for processing.
C.R.S. § 1-7.5-107.2 Manner of early voting - securing ballots cast during early voting
1-7.5-107.2. Manner of early voting - securing ballots cast during early voting. (1) An eligible elector who receives a mail ballot may cast the ballot at a voter service and polling center prior to election day. Ballot boxes must be locked and sealed each night with a numbered seal under the supervision of the election judges or watchers, and the designated election official shall retain possession of the keys until he or she transfers the same to the counting place pursuant to section 1-7.5-203 for preparation to count and tabulate. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal.
(2) (a) Except as provided in paragraph (b) of this subsection (2), the voting machines, electronic voting machines, or ballot boxes must remain locked and secured with a numbered seal, and the tabulation of the votes cast must remain unknown until the time prescribed in section 1-7.5-202 for counting voters' ballots. Alternatively, except for electronic voting equipment and mail ballot boxes, the ballot boxes must be opened each night, and the voted ballots must be placed in a transfer case that is locked and secured with a numbered seal. A record must be maintained consisting of the date and seal number of each ballot box and transfer case until each ballot box and transfer case is transferred pursuant to section 1-7.5-203 for preparation for counting and tabulating. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. During the time the voter service and polling center is not open, the designated election official shall have the custody and keys of any voting machine or electronic voting equipment being used for the casting of ballots.
(b) The designated election official shall place in a locked and secured location all direct record electronic voting machine cartridges that record votes cast on such voting machines. The tabulation of votes cast and recorded on such cartridges must remain unknown until the time prescribed in section 1-7.5-202 for counting ballots.
C.R.S. § 1-7.5-107.3 Verification of signatures - rules
1-7.5-107.3. Verification of signatures - rules. (1) (a) Except as provided in subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section.
(b) (Deleted by amendment, L. 2008, p. 356, § 2, effective April 10, 2008.)
(1.5) (a) If an eligible elector returns a ballot but does not have a signature stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to:
(I) Confirm that the eligible elector returned a ballot to the county clerk and recorder;
(II) Provide a copy of the eligible elector's identification as defined in section 1-1-104 (19.5); and
(III) Provide a signature for verification in accordance with this section.
(b) If the county clerk and recorder receives the form within eight days after election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted.
(c) An original return envelope containing a voted ballot that is not counted in accordance with subsection (1.5)(b) of this section shall be stored under seal as an election record in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction.
(d) (I) The county clerk and recorder or designated election official, within twenty-four hours of receiving the eligible elector's signed form and identification in compliance with subsection (1.5)(b) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (1.5)(d) on a Saturday, Sunday, or a legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsections (1.5)(a) and (2)(a) of this section and section 1-7.5-107 (3.5)(d)(I) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.
(II) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (1.5)(d)(I) of this section.
ers eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.
(II) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (1.5)(d)(I) of this section.
(2) (a) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to subsection (5) of this section is unable to determine that the signatures match, two other election judges of different political party affiliations shall simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the county clerk and recorder shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the county clerk and recorder. If the county clerk and recorder receives the form within eight days after election day confirming that the elector returned a ballot to the county clerk and recorder and enclosing a copy of the elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope shall be categorized as incorrect, the ballot shall not be counted, and the county clerk and recorder shall send copies of the eligible elector's signature on the return envelope and the signature stored in the statewide voter registration system to the district attorney for investigation.
(b) An original return envelope containing a voted ballot that is not counted in accordance with subsection (2)(a) of this section shall be stored under seal in the office of the county clerk and recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the district attorney or by order of a court having jurisdiction.
(c) In the case of a disagreement among the election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in paragraph (a) of this subsection (2), the signatures are deemed to match, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
n the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in paragraph (a) of this subsection (2), the signatures are deemed to match, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
(d) (I) The county clerk and recorder or designated election official, within twenty-four hours of receiving an eligible elector's signed form and identification in compliance with subsection (2)(a) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (2)(d) on a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsections (1.5)(a) and (2)(a) of this section and section 1-7.5-107 (3.5)(d)(I) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued or indicates that the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.
(II) For state-certified ballot contests and ballot measures, the secretary of state's office shall complete the review pursuant to subsection (2)(d)(I) of this section.
(3) If the election judge determines that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots.
(4) (a) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname.
(b) The county clerk and recorder shall provide training in the technique and standards of signature comparison to election judges who compare signatures pursuant to this section.
(5) (a) A county clerk and recorder may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section.
and recorder may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this subsection (5) and any rules promulgated by the secretary of state pursuant to subsection (6) of this section.
(b) If a signature verification device determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge shall follow the procedures specified in section 1-7.5-107 (6) concerning the qualification and counting of mail ballots. If a signature verification device is unable to determine that the signature on the self-affirmation on a return envelope of an eligible elector's mail ballot matches the signature of the elector stored in the statewide voter registration system, an election judge shall compare the signatures in accordance with subsections (2), (3), and (4) of this section.
(5.5) The county clerk and recorder shall ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes. If the county clerk and recorder chooses not to include a secrecy envelope or sleeve in the mail ballot packet, he or she must notify the secretary of state in the election plan required under section 1-7.5-105 (1) and must also explain the county's process for ensuring the privacy of marked ballots. The secretary of state shall promulgate rules to ensure the privacy of each elector's vote.
(6) The secretary of state shall adopt rules in accordance with article 4 of title 24, C.R.S., establishing procedures for using signature verification devices to process ballots used in mail ballot elections pursuant to this article.
(7) Each county clerk and recorder shall, as soon as practical, develop and implement options for electors to electronically provide necessary documentation for signature verification.
C.R.S. § 1-7.5-107.5 Counting mail ballots
1-7.5-107.5. Counting mail ballots. The election officials at the mail ballot counting place may receive and prepare mail ballots delivered and turned over to them by the designated election official for tabulation. Counting of the mail ballots may begin fifteen days prior to the election, and counties with more than ten thousand active electors as of the date of the previous general election must begin no later than four days prior to the election, and continue until counting is completed. The election official in charge of the mail ballot counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count shall be released by the election officials or watchers until after 7 p.m. on election day.
C.R.S. § 1-7.5-108 Mail-in ballots
1-7.5-108. Mail-in ballots. (Repealed)
C.R.S. § 1-7.5-108.5 Designation of inactive status in connection with mailing of mail ballots
1-7.5-108.5. Designation of inactive status in connection with mailing of mail ballots. In connection with any election conducted on or after May 10, 2013, if a mail ballot sent to a registered elector is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the word "Inactive". The clerk and recorder shall mail a confirmation card pursuant to section 1-2-605 to any elector whose ballot was returned by the United States postal service as undeliverable.
C.R.S. § 1-7.5-109 Write-in candidates
1-7.5-109. Write-in candidates. A write-in candidate is allowed in mail ballot elections if the candidate has filed an affidavit of intent with the designated election official pursuant to section 1-4-1101. Ballots for write-in candidates are counted pursuant to section 1-7.5-206.
C.R.S. § 1-7.5-110 Challenges
1-7.5-110. Challenges. Votes cast pursuant to this article may be challenged pursuant to and in accordance with law. Any mail ballot election held pursuant to this article shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the designated election official for the political subdivision conducting the election acted in good faith in complying with the provisions of this article or with rules promulgated by the secretary of state.
C.R.S. § 1-7.5-111 Report to the general assembly
1-7.5-111. Report to the general assembly. (Repealed)
C.R.S. § 1-7.5-112 Repeal of article
1-7.5-112. Repeal of article. (Repealed)
C.R.S. § 1-7.5-113 Voting at group residential facilities
1-7.5-113. Voting at group residential facilities. (1) If a group residential facility does not have mail boxes in which a representative of the United States postal service may directly deposit mail, and more than seven mail ballots are to be sent to that group residential facility, a committee consisting of one employee of the county clerk and recorder of the county in which the facility is located and, where available, a representative appointed by each of the major political parties shall deliver the mail ballots and return the voted ballots to the office of the county clerk and recorder. The delivery of ballots under this section may begin on the forty-fifth day before election day.
(2) For nonpartisan elections, including independent mail ballot elections conducted pursuant to part 11 of article 13.5 of this title, the designated election official shall appoint a committee that consists of two or more election judges or employees or representatives of the designated election official. The voted ballots must be returned to the office of the designated election official.
C.R.S. § 1-7.5-113.5 Voting at county jails or detention centers - definition
1-7.5-113.5. Voting at county jails or detention centers - definition. (1) Each county clerk and recorder shall coordinate with the individual who the county sheriff has designated as the sheriff's designee pursuant to section 30-10-529 at each county jail or detention center to facilitate voting for all confined eligible electors. The clerk and recorder shall provide training and technical assistance to the sheriff's designee and shall, at a minimum, use the materials created by the office of the secretary of state pursuant to section 1-1-107 (8).
(2) The election plan required by section 1-7.5-105 must include the following information:
(a) How the county clerk and recorder will provide each county jail or detention center with voter information materials consistent with the materials provided to nonconfined eligible electors, including at a minimum a list of acceptable forms of identification under section 1-1-104 (19.5) and the information required by sections 1-40-124.5 and 1-40-125, and how the sheriff's designee will ensure reasonable access to such materials and information in accordance with section 30-10-529 (3);
(b) The process by which the county clerk and the sheriff's designee will facilitate voter registration, each of the services required during in-person voting set forth in subsection (4) of this section, and delivery and retrieval of mail ballots for confined eligible electors;
(c) (Deleted by amendment, L. 2024).
(d) The number of confined eligible voters who registered to vote in the prior year and the number of confined eligible voters who voted in the last November election; and
(e) How the clerk and recorder and the sheriff's designee will facilitate the process for a confined eligible elector to cure a deficiency on the confined eligible elector's ballot pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5).
(3) (a) After ballots have been delivered pursuant to the process identified in subsection (2)(b) of this section, the sheriff's designee shall inspect all outgoing mail at the county jail or detention facility for ballots and shall ensure that any ballots in outgoing mail are placed instead in a designated location for collection.
(b) By no later than 9:00 a.m. on election day, the sheriff's designee shall ensure that confined individuals have information regarding the location where confined eligible electors must deposit their ballots and the latest time on election day that ballots may be deposited at the designated location.
(c) (I) Beginning not earlier than 3:00 p.m. on election day, a team of bipartisan election judges acting at the direction of the clerk and recorder of the county in which the jail or detention center is located shall conduct a final collection of ballots that have been deposited at the designated location.
(II) As used in this subsection (3)(c), "election judge" has the same meaning as set forth in section 1-6-101 (1).
(4) (a) (I) For a general election, the sheriff's designee shall coordinate with the county clerk and recorder to provide, at a minimum, one day of in-person voting for confined eligible electors at the county jail or detention center. The in-person voting must be open for at least six hours and be held on any day between the fifteenth day before election day and the fourth day before election day.
(II) If, on the date that in-person voting is scheduled for, access to the county jail or detention center is unavailable due to a lock down or other exigent circumstances, then the sheriff's designee shall work with the county clerk and recorder to schedule a different date for in-person voting to be held in accordance with this subsection (4).
lection day and the fourth day before election day.
(II) If, on the date that in-person voting is scheduled for, access to the county jail or detention center is unavailable due to a lock down or other exigent circumstances, then the sheriff's designee shall work with the county clerk and recorder to schedule a different date for in-person voting to be held in accordance with this subsection (4).
(b) During the in-person voting, the county clerk and recorder and the sheriff's designee shall provide:
(I) The ability for a confined individual, if eligible to vote, to register to vote or update the confined individual's voter registration record;
(II) The ability for a confined eligible elector to cast a ballot and do so without violating the confined eligible elector's right to a secret ballot;
(III) The ability for a confined eligible elector who is detained in a county jail or detention center outside the confined eligible elector's county of residence to cast a ballot containing only statewide races and measures;
(IV) Reasonable accommodation in accordance with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, that allow a confined individual with a disability, if eligible to vote, to register to vote and update the confined individual's voter registration record and a confined eligible elector with a disability to cast a ballot;
(V) The ability to accept mail ballots that are deposited by confined eligible electors;
(VI) The ability for a confined eligible elector to submit a mail ballot cure form pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5); and
(VII) The ability of a confined individual to cast a provisional ballot.
(5) Before registering a confined individual to vote, updating a confined individual's voter registration, or allowing a confined individual to vote in any election, the county clerk and recorder must access the confined individual's record within the department of corrections' online offender database to confirm that the confined individual is not currently serving a sentence for a felony conviction.
(6) The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to administer and enforce the requirements of this section.
C.R.S. § 1-7.5-114 Watchers at voter service and polling centers
1-7.5-114. Watchers at voter service and polling centers. Any political party, candidate, proponents, or opponents of a ballot issue entitled to have watchers at voter service and polling centers each has the right to maintain one watcher in the office of the designated election official and each voter service and polling center during the period in which mail ballots may be applied for or received.
C.R.S. § 1-7.5-114.5 Replacement ballots - ballots for new electors - ballots for electors who updated their records
1-7.5-114.5. Replacement ballots - ballots for new electors - ballots for electors who updated their records. (1) An eligible elector may obtain a replacement ballot if the ballot that was originally mailed to the elector was destroyed, spoiled, lost, or for some other reason not received by the elector. To obtain a replacement ballot by mail, the elector shall make a request to the county clerk and recorder for a replacement ballot no later than the eighth day before an election. The county clerk shall not mail a replacement ballot to the elector making the request if the clerk has already received a ballot for that election from the elector making the request.
(2) (a) Commencing on the fifteenth day before the election, the county clerk and recorder shall deliver any ballot that must be sent by mail to the United States postal service within two business days after processing a registration application or an update to a voter registration record that requires a new ballot to be sent to an elector.
(b) Commencing on the eleventh day before the election, the county clerk and recorder shall mail all mail ballots to electors by first-class mail.
(c) Commencing on the eighth day before an election, the county clerk and recorder shall deliver to the United States postal service any ballot that must be sent by mail within two business days after receiving a registration application or an update to a voter registration record that results in the issuance of an original or a replacement mail ballot to an elector.
(d) Any county clerk who receives information from the United States postal service or any other third party indicating that ballots have been lost, stolen, or will, for any reason, not be timely delivered to electors, shall report the issue to the secretary of state.
C.R.S. § 1-7.5-115 Emergency voting - replacement ballots - electronic transfer - rules - definition
1-7.5-115. Emergency voting - replacement ballots - electronic transfer - rules - definition. (1) (a) (I) An elector may request a replacement ballot by submitting a personally signed, written statement to the county clerk and recorder or designated election official when one of the following applies:
(A) On election day, the eligible elector is confined in a hospital or place of residence;
(B) On election day, the eligible elector's immediate family related to the second degree by blood, adoption, marriage, or civil union partnership is confined in a hospital or place of residence and requires the eligible elector's care or constant presence;
(C) On election day, the elector is a member of a religion that forbids secular activity;
(D) On election day, the elector is employed as a first responder, member of law enforcement, or health care worker and is unable to leave the station, post, or place of employment or is unable to return to the elector's home county; or
(E) Eight or fewer days before the last day of the election, the elector is unable to vote in person due to emergency conditions such as a natural disaster.
(II) Upon receipt of a written statement pursuant to subsection (1)(a)(I) of this section, the county clerk and recorder or designated election official shall provide the replacement ballot at the office of the county clerk and recorder or designated election official during the regular business hours of the office to any authorized representative of the elector.
(III) The authorized representative of the elector shall acknowledge receipt of the replacement ballot with a signature, name, and address of residence.
(IV) As used in this subsection (1)(a), unless the context otherwise requires, "authorized representative" means a person who possesses a written statement from the elector containing the elector's signature, name, and address of residence, indicating that the elector is unable to vote in person after the last day to mail a ballot, and requesting that the replacement ballot be given to the authorized person as identified by name and address of residence.
(b) A replacement ballot under this section must be returned no later than 7 p.m. on the day of the election.
(c) If the eligible elector is unable to have an authorized representative pick up the ballot at the office of the county clerk and recorder or designated election official and deliver it to the eligible elector, the designated election official shall deliver a replacement ballot to the eligible elector by electronic transfer in accordance with the rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section.
(2) Except as otherwise provided in subsection (4) of this section, after marking the replacement ballot, the eligible elector shall place it in a return envelope provided by the county clerk and recorder or designated election official. The elector shall then fill out and sign the self-affirmation on the envelope, as provided in section 1-7.5-107, on or before election day and return it to the office of the county clerk and recorder or designated election official. Upon receipt of the envelope, the county clerk and recorder or designated election official shall verify the elector's name on the return envelope and shall deposit the envelope in the office in a ballot box that is locked and secured with a numbered seal.
d in section 1-7.5-107, on or before election day and return it to the office of the county clerk and recorder or designated election official. Upon receipt of the envelope, the county clerk and recorder or designated election official shall verify the elector's name on the return envelope and shall deposit the envelope in the office in a ballot box that is locked and secured with a numbered seal.
(3) If, following the procedure set forth in this section, the county clerk and recorder or designated election official is unable to provide a replacement ballot to an elector, the county clerk and recorder or designated election official shall provide a replacement ballot to the elector by electronic transfer in accordance with the election rules of the secretary of state. If the replacement ballot is delivered to the eligible elector by electronic transfer, the eligible elector may return the ballot by electronic transfer as set forth in subsection (4) of this section.
(4) (a) If a replacement ballot is delivered to an eligible elector by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section, the eligible elector may return the voted ballot to the county clerk and recorder or designated election official by electronic transfer. In order to be counted, the returned ballot must be received in the office of the county clerk and recorder or designated election official by 7 p.m. on election day. Once the ballot is received, a bipartisan team of judges shall duplicate the ballot, and the ballot shall be counted in the same manner as all other mail ballots. Such judges shall not reveal how the elector has cast his or her ballot.
(b) Any elector who receives a replacement ballot by electronic transfer pursuant to paragraph (c) of subsection (1) of this section or subsection (3) of this section shall be informed in the instructions for completing the ballot that, if the ballot is returned by electronic transfer, the ballot will not be a confidential ballot.
(c) In handling a returned replacement ballot pursuant to this subsection (4), all reasonable means shall be taken to ensure that only the judges are aware of information connecting the elector to the returned ballot.
(d) The secretary of state may prescribe by rule any procedures or requirements as may be necessary to implement this subsection (4). The rules must be promulgated in accordance with article 4 of title 24, C.R.S.
C.R.S. § 1-7.5-116 Applications for absentee ballot
1-7.5-116. Applications for absentee ballot. (Repealed)
C.R.S. § 1-7.5-201 Appointment of election judges for counting mail ballots
1-7.5-201. Appointment of election judges for counting mail ballots. (1) If the county clerk and recorder or designated election official has mailed or delivered mail ballots to five hundred or more electors, the county clerk and recorder or designated election official shall appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers described in section 1-7.5-107, at least three counting judges, not more than two of whom shall be from any one major political party. For each additional five hundred mail ballots so mailed or delivered, the county clerk and recorder or designated election official may appoint additional counting judges as needed.
(2) In all political subdivisions in which electronic or electromechanical voting systems are used, the county clerk and recorder or designated election official, for each five hundred mail ballots mailed or delivered, may appoint, in addition to the voter service and polling center judges appointed to staff voter service and polling centers as described in section 1-7.5-107, five counting judges, not more than three of whom shall be from any one major political party in a partisan election.
(3) In political subdivisions to which this section applies and in the event that only two major political parties are represented, the county clerk and recorder or designated election official shall make the appointments so that one major political party is represented by a majority of election judges on the mail ballot receiving board and the other major political party is represented by a majority of election judges on the mail ballot counting board. The county clerk and recorder or designated election official shall appoint those electors certified by the county party chairpersons of the major political parties to the county clerk and recorder as mail ballot receiving judges and mail ballot counting judges. If an elector certified by a major political party is not willing or able to serve, then the major political party that certified the elector may certify a replacement judge to the county clerk and recorder. If the major political parties do not certify a sufficient number of mail ballot receiving and counting judges, the county clerk and recorder may appoint a sufficient number of qualified electors to serve as mail ballot receiving and counting judges.
(4) In all political subdivisions to which this section applies, where the county clerk and recorder or designated election official has appointed one or more student election judges pursuant to article 6 of this title, the student election judge shall be appointed to serve as a judge for the purpose of counting mail ballots pursuant to this section; except that the student election judge need not satisfy any party affiliation required of election judges by this section.
C.R.S. § 1-7.5-202 Hours a counting place is open for receiving and counting mail ballots
1-7.5-202. Hours a counting place is open for receiving and counting mail ballots. (1) The election officials at the counting place may receive and prepare for tabulation mail ballots delivered and turned over to them by the county clerk and recorder or designated election official.
(2) Counting of the mail ballots may begin fifteen days prior to the election, and counties with more than ten thousand active electors as of the date of the previous general election must begin no later than four days prior to the election, and shall continue until counting is completed.
(3) The election officials in charge of the counting place shall take all precautions necessary to ensure the secrecy of the counting procedures, and no information concerning the count may be released by the election officials or watchers until after 7 p.m. on election day.
C.R.S. § 1-7.5-203 Delivery of mail ballots to supervisor judge
1-7.5-203. Delivery of mail ballots to supervisor judge. At any time during the fifteen days prior to and including the election day, the county clerk and recorder or designated election official shall deliver to the counting place judges all the mail ballot envelopes received up to that time in packages or in ballot boxes that are locked and secured with a numbered seal, and the record of mail ballots as provided for in section 1-7.5-106.5 (3) for which a receipt will be given. The county clerk and recorder or designated election official shall continue to deliver any envelopes containing mail ballots that may be received thereafter up to and including 7 p.m. on election day.
C.R.S. § 1-7.5-204 Preparing to count mail ballots - rejections
1-7.5-204. Preparing to count mail ballots - rejections. (1) (a) Before opening any mail ballot, one of the receiving judges, in the presence of a majority of the receiving judges, shall inspect the self-affirmation on the return envelope.
(b) The self-affirmation is valid if:
(I) The self-affirmation was completed by the elector;
(II) The self-affirmation was signed by the elector or, if the elector is unable to sign, marked by the elector with or without assistance and witnessed by another person; and
(III) In any election conducted by a county clerk and recorder, the signature on the self-affirmation matches the signature stored in the statewide voter registration system, or the eligible elector's marks on the application and the self-affirmation were witnessed by other persons.
(c) If the self-affirmation is valid, the receiving judge shall open the envelope without defacing the self-affirmation or mutilating the enclosed ballot.
(d) For the purposes of subparagraph (III) of paragraph (b) of this subsection (1), the signatures on an eligible elector's self-affirmation and stored in the statewide voter registration system shall be compared in the manner prescribed by section 1-7.5-107.3.
(2) If the self-affirmation on the return envelope is invalid, the election judges shall mark the envelope "rejected" and shall write on the envelope the reason for the rejection. The envelope shall be set aside without being opened, and the ballot, if cured, shall be counted.
(3) If it appears to the election judges, by sufficient proof, that a mail ballot sent to an elector who died before receiving the ballot contains a forged affidavit, the envelope containing the ballot of the deceased voter shall not be opened, and the election judges shall make notation of the death and fraudulent signature on the back of the envelope. The ballot shall be forwarded to the district attorney for investigation of a violation of section 1-13-106. If a mail ballot envelope contains more than one marked ballot of any one kind, none of the ballots shall be counted, and the election judges shall write the reason for rejection.
C.R.S. § 1-7.5-205 Counting mail ballots
1-7.5-205. Counting mail ballots. (1) Mail ballots and any ballots cast at a voter service and polling center in lieu of a mail ballot must be counted after delivery of the ballots as provided in section 1-7.5-203 and after preparation of the ballots as provided in section 1-7.5-204.
(2) Mail ballots must be counted in one of the following ways:
(a) In counties that use paper ballots, the mail ballots may be counted in the same manner as paper ballots.
(b) Any county may use electronic vote-tabulating equipment for the counting of mail ballots in the same manner provided for the counting of ballots in part 6 of article 5 and parts 4 and 5 of article 7 of this title.
(c) Repealed.
C.R.S. § 1-7.5-206 Paper ballots or electronic system
1-7.5-206. Paper ballots or electronic system. In political subdivisions using a ballot card electronic voting system, mail ballots may be cast on paper ballots or may be cast on ballot cards and counted by electronic voting equipment, or both methods may be used.
C.R.S. § 1-7.5-207 Voter verification - mail ballot information
1-7.5-207. Voter verification - mail ballot information. Each county clerk and recorder shall provide electors, upon request, with information on whether the mail ballot cast by the elector was received by the county clerk and recorder, including an online mail ballot tracking system or response by other electronic or telephonic means.
C.R.S. § 1-7.5-208 Certificate of mail ballots cast - survey of returns
1-7.5-208. Certificate of mail ballots cast - survey of returns.
(1) Repealed.
(2) Upon the survey of the returns of the political subdivision by the board of canvassers formed pursuant to section 1-10-101 or 1-10-201, the board shall include in its abstract of votes the votes cast in the voter service and polling center and counted at the counting place in the manner provided for abstracting votes cast and counted in accordance with article 10 of this title.
(3) (a) (I) The returns certified by the judges and the abstract of votes cast certified by the canvass board shall, except as provided in subparagraph (II) of this paragraph (a), indicate the number of votes cast in each precinct for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected, except as otherwise provided in paragraph (b) of this subsection (3).
(II) For primary and coordinated elections, the judges and canvass board shall either:
(A) Certify the votes cast in each precinct pursuant to subparagraph (I) of this paragraph (a); or
(B) Certify on the returns and the abstract of votes cast the number of votes cast on each ballot style for each candidate and for and against each ballot issue and ballot question and the number of ballots rejected.
(b) If the total number of votes cast and counted in any precinct is less than ten, the returns for all such precincts in the political subdivision shall be reported together.
C.R.S. § 1-7.5-209 Preservation of rejected mail ballots
1-7.5-209. Preservation of rejected mail ballots. All identification envelopes and mail ballots rejected by the election judges in accordance with section 1-7.5-204 must be returned to the designated election official. All mail ballots received by the county clerk and recorder or designated election official after 7 p.m. on the day of the election, together with the rejected mail ballots returned by the election judges as provided in this section, must remain in the sealed identification envelopes and may be destroyed as provided in section 1-7-802.
C.R.S. § 1-7.5-210 Maintenance of mail ballot election voting records - transmittal of such records to secretary of state
1-7.5-210. Maintenance of mail ballot election voting records - transmittal of such records to secretary of state. The county clerk and recorder or designated election official shall maintain a record identifying the name and voting address of each elector who casts a ballot by mail or at a voter service and polling center at any election.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-01.docxFetched: 10/6/2026