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1-1-104. Definitions

Statute

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Be mailed to the elector’s address of record, unless the elector has requested that such communication be sent to his or her deliverable mailing address pursuant to section 1-2-204 (2) (k);

(b) Be sent by forwardable mail;

(c) Comply with all relevant requirements of the federal “National Voter Registration Act of 1993”, 42 U.S.C. sec. 1973gg, as amended; and

(d) Include a postage-prepaid, preaddressed form by which the elector may verify or correct his or her address information.

(3) (Deleted by amendment, L. 94, p. 1750, § 1, effective January 1, 1995.)

(4) (Deleted by amendment, L. 93, p. 1394, § 2, effective July 1, 1993.)

(5) “Congressional vacancy election” means an election held at a time other than the general election for the purpose of filling a vacancy in an unexpired term of a representative in congress.

(6) “Convention” means a meeting of delegates of a political party, organized in accordance with the rules and regulations of the political party, held for the purpose of selecting delegates to other political conventions, including national conventions, making nominations for presidential electors, or nominating candidates to fill vacancies in unexpired terms of representatives in congress or held for other political functions not otherwise covered in this code.

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

(7) “County” includes a city and county.

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

(8) “Designated election official” means the member of a governing board, secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election.

(9) “District captain” or “district co-captain” means any registered elector who is a resident of the district, is affiliated with a political party, and is designated or elected pursuant to political party rules of the county.

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

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

(9.8) “Drop-off location” means a location established for the receipt of mail ballots as specified in section 1-5-102.9 (4). The term does not include mail ballot boxes maintained at voter service and polling centers pursuant to section 1-5-102.9 (3) (l).

(10) “Election official” means any county clerk and recorder, election judge, member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code.

(11) “Election records” includes accounting forms, certificates of registration, pollbooks, certificates of election, signature cards, all affidavits, voter applications, other voter lists and records, mail ballot return envelopes, voted ballots, unused ballots, spoiled ballots, and replacement ballots.

(12) “Elector” means a person who is legally qualified to vote in this state. The related terms “eligible elector”, “registered elector”, and “taxpaying elector” are separately defined in this section.

(13) “Elector registration information changes” means changes in the name, address, or political affiliation of a registered elector which are allowed by the provisions of this code.

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

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

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

(15) Repealed.

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

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

(16.5) “Federally accredited laboratory” means a laboratory certified under section 231 of the federal “Help America Vote Act of 2002”, Pub.L. 107-252, codified at 42 U.S.C. sec. 15301 et seq., or any successor section.

(17) “General election” means the election held on the Tuesday succeeding the first Monday of November in each even-numbered year.

(18) “Governing body” means a board of county commissioners, a city council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election.

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

(19) “Gubernatorial” means and refers to voting in general elections for the office of governor.

(19.5) (a) “Identification” means:

(I) A valid Colorado driver’s license;

(II) A valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S.;

(III) A valid United States passport;

(IV) A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;

(V) A valid pilot’s license issued by the federal aviation administration or other authorized agency of the United States;

(VI) A valid United States military identification card with a photograph of the eligible elector;

(VII) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector;

(VIII) A valid medicare or medicaid card issued by the United States health care financing administration;

(IX) A certified copy of a birth certificate for the elector issued in the United States;

(X) Certified documentation of naturalization;

(XI) A valid student identification card with a photograph of the eligible elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102 (5), C.R.S.;

(XII) A valid veteran identification card issued by the United States department of veterans affairs veterans health administration with a photograph of the eligible elector; or

(XIII) A valid identification card issued by a federally recognized tribal government certifying tribal membership.

(b) Any form of identification indicated in paragraph (a) of this subsection (19.5) that shows the address of the eligible elector shall be considered identification only if the address is in the state of Colorado.

(c) Verification that a voter is a resident of a group residential facility, as defined in subsection (18.5) of this section, shall be considered sufficient identification for the purposes of section 1-7-110 (1).

(d) Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5.

(20) “Joint candidates” means the two candidates for the office of governor and the office of lieutenant governor for whom one vote cast at any general election is applicable to both offices.

(21) (Deleted by amendment, L. 93, p. 1394, § 2, effective July 1, 1993.)

(22) “Major political party” means any political party that at the last preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast.

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

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

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

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

(23.4) “Overvote” means the selection by an elector of more names than there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue.

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

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

(24) “Political organization” means any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office.

(25) “Political party” means either a major political party or a minor political party.

(26) “Political party district” means an area within a county composed of contiguous whole election precincts, as designated by the political party county chairperson.

(27) “Pollbook” means the list, maintained in the statewide voter registration system created in section 1-2-301, of eligible electors who are permitted to vote at a polling location or by mail ballot in an election conducted under this code.

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

(28) Repealed.

(29) “Population” means population as determined by the latest federal census.

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

(30) “Precinct” means an area with established boundaries within a political subdivision used to establish election districts.

(31) “Precinct caucus” means a meeting of registered electors of a precinct who are eligible to participate in accordance with the provisions of section 1-3-101, such meeting being organized in accordance with the rules and regulations of the political party.

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

(32) “Primary election” means the election held on the last Tuesday in June of each even-numbered year.

(33) “Property owners list” means the list furnished by the county assessor in accordance with section 1-5-304 showing each property owner within the subdivision, as shown on a deed or contract of record.

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

(a) The food stamp program, as provided in part 3 of article 2 of title 26, C.R.S.;

(b) Programs established pursuant to the “Colorado Medical Assistance Act”, articles 4, 5, and 6 of title 25.5, C.R.S.;

(c) The special supplemental food program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;

(d) Assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S.

(34) “Publication” means printing one time, in one newspaper of general circulation in the political subdivision if there is such a newspaper, and, if not, then in a newspaper in the county in which the political subdivision is located. For a political subdivision with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the political subdivision, then one publication is required in a newspaper in each county in which the political subdivision is located and in which the political subdivision also has fifty or more eligible electors.

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

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

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

(35) “Registered elector” means an elector, as defined in subsection (12) of this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. If any provision of this code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person’s name and address at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder’s office, and as it appears on the master elector list on file with the secretary of state.

(36) “Registration book” means the original elector registration records for each county retained and stored on the statewide voter registration system created in section 1-2-301. The system must have the capability to export active and inactive registration records, to retain the voting history for each active and inactive registration by surname, and to retain completed voter signature forms by precinct for each election.

(37) “Registration list” means the computer list of electors currently registered to vote as furnished and certified by the county clerk and recorder.

(38) “Registration record” means the approved and completed form on which an elector has registered to vote, which includes the original signature of the registrant. “Registration record” includes a standard-size approved elector registration record to which a nonstandard completed form has been transferred by copy or manual entry.

(39) “Regular biennial school election” means the election held on the first Tuesday in November of each odd-numbered year.

(40) “Regular drainage ditch election” means the election held on the first Tuesday after the first Monday in January of each alternate year.

(41) “Regular regional transportation district election” means the election held concurrently with the state general election in every even-numbered year during which the directors are elected.

(42) “Regular special district election” means the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.

(43) “Residence” means the principal or primary home or place of abode of a person, as set forth in section 1-2-102.

(44) (Deleted by amendment, L. 96, p. 1732, § 2, effective July 1, 1996.)

(45) “School district” means a school district organized and existing pursuant to law but does not include a junior college district.

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

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

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

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

(47) “Supervisor judge” means the election judge appointed by the designated election official to be in charge of the election process at a polling location.

(48) “Taxable property” means real or personal property subject to general ad valorem taxes. For all elections and petitions that require ownership of real property or land, ownership of a mobile home or manufactured home, as defined in section 5-1-301 (29),38-12-201.5 (2), or 42-1-102 (106) (b), C.R.S., is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(49) “Taxpaying elector” shall have the same meaning as provided in section 32-1-103 (23), C.R.S.

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

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

(49.8) Repealed.

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

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

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

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

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

(50.6) (a) “Voter-verified paper record” means an auditable paper record that:

(I) Is available for the elector to inspect and verify before the vote is cast;

(II) Is produced contemporaneously with or employed by any voting system;

(III) Lists the designation of each office, the number or letter of each ballot issue or ballot question, and the elector’s choice for each office, ballot issue, or ballot question and indicates any office, ballot issue, or ballot question for which the elector has not made a selection;

(IV) Is suitable for a manual audit or recount; and

(V) Is capable of being maintained as an election record in accordance with the requirements of section 1-7-802.

(b) Any paper ballot that lists the title, along with any number, as applicable, of each candidate race, ballot issue, or ballot question, on which the elector has marked his or her choices in such races, issues, or questions shall constitute a voter-verified paper record for purposes of this subsection (50.6).

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

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

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

(51) “Watcher” means an eligible elector other than a candidate on the ballot who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election, or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. If selected by a political party chairperson, a party candidate, or an unaffiliated candidate, the watcher shall be affiliated with that political party or unaffiliated as shown on the registration books of the county clerk and recorder.

 

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

 

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

(2) Amendments to subsection (11) by House Bill 93-1111 and House Bill 93-1255 were harmonized.

(3) Amendments to subsection (48) by House Bill 94-92 and House Bill 94-1 were harmonized.

(4) Subsection (9.6) was numbered as (9.5) in House Bill 94-1294 but was renumbered on revision for ease of location.

(5) Subsection (1.1) was numbered as (1) in House Bill 99-1082 but was renumbered on revision for ease of location; subsection (1.2) was numbered as (1) in House Bill 99-1152 but was renumbered on revision for ease of location; and subsection (46.3) was numbered as (46.5) in House Bill 99-1097 but was renumbered on revision for ease of location.

(6) Amendments to subsection (19.5) by House Bill 03-1241 and Senate Bill 03-102 were harmonized.

(7) Subsection (15)(b) provided for the repeal of subsection (15), effective January 1, 2006. (See L. 2004, pp. 1361, 1213.)

Cross references: (1) For the legislative declaration contained in the 2004 act enacting subsections (2.1), (13.5), (14.5), (15.5), (23.4), (34.2), (49.7), (50.7), (50.8), and (50.9), amending subsections (14), (27), and (50), and repealing subsection (15), see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) In 2013, subsections (2), (27), (28), (36), (47), (50.4), and (50.5) were amended, subsections (2.8), (9.8), (27.5), and (50.3) were added, and subsection (49.8) was repealed by the “Voter Access and Modernized Elections Act”. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

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

 

ANNOTATION
I. POLITICAL ORGANIZATION AND POLITICAL PARTY.
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

Distinction made between “political party” and “political organization”. In common use the phrase “political party” is synonymous with “political organization”, but the general assembly by this section has made a marked distinction between them. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

“Political organization” defined. An association of qualified electors who, by petition, place upon an official ballot individual nominees for public office constitute a “political organization”. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

As a condition precedent for such a “political organization” to become a “political party” within the statutory definition, it shall participate in an election, and, in addition thereto, cast for its candidate for governor at least ten percent of the total vote cast at such election. When these things occur, the “political organization” becomes a “political party”. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

If a person is the candidate solely of one “political party” or a single “political organization”, the votes which he receives at a given election are conclusively presumed to have been cast by the particular party or organization whose candidate he is. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

But if a person is the candidate of two or more “political parties” or “political organizations”, no such presumption can exist. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

Thus, where distinct political organizations, under different names, present the same individual as their candidate for governor, the votes cast by all these several organizations for the same candidate are not to be considered as cast by any one “party”, as such is not conditioned upon the number of votes which the candidate received, but upon the number an organization itself cast. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

For a political organization is a distinct entity which can neither coalesce with another, nor lose its identity therein by the mere fact that its candidates, principles, and management are the same. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

Evidence that organizations voting for same person were but one organization under different names held inadmissible. Clements v. People ex rel. Lee, 58 Colo. 105, 143 P. 834 (1914).

II. TAXPAYING ELECTOR.
The phrases “taxpaying elector” and “qualified taxpaying elector” describe situations in which payment of a property tax is an additional qualification for voting. Sheldon v. Moffat Tunnel Comm’n, 335 F. Supp. 251 (D. Colo. 1971).

However, these phrases are not used in connection with general elections. Sheldon v. Moffat Tunnel Comm’n, 335 F. Supp. 251 (D. Colo. 1971).

Only taxpaying electors entitled to vote on municipal bond issue. In an election on a municipal bond issue, it is clear that under this subsection only those electors who paid, or were obligated to pay, taxes on real or personal property subject to the mill levy of the municipality are eligible to vote. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

And in such a case, the tax on real or personal property unquestionably means a tax on property which is subject to the mill levy of the city. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

Hence, county taxpayers cannot vote in municipal elections. Registered electors of the city who paid taxes in the county, but who did not pay taxes on property in the city, do not have the right to vote on the question of the erection of a municipal electric light plant. City of Loveland v. W. Light Power Co., 65 Colo. 55, 173 P. 717 (1918).

Moreover, a person who owns property which is assessed in the name of another is not a “taxpaying elector” qualified to vote in a municipal bond election. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

Nor is a purchaser of realty under contract of sale. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

As ownership of property in and of itself is insufficient to qualify a citizen to vote, the property owned must in fact be “assessed to” him upon the assessment rolls of the county. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

“Taxpaying elector” also must be registered. In a municipal bond election a person who possesses all qualifications as to ownership and assessment of property is nevertheless not entitled to vote over the objection that he is not registered. City of Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).

Annotation: June 16, 2016 9:22 pm

According to the rules, “watcher” has the same meaning as in section 1-1-104(51), C.R.S.
(a) Watchers may be appointed for a recall election by each qualified successor candidate, the proponents and opponents of the recall ballot question, and each participating political party for a partisan recall election.
(b) For the purpose of appointing a watcher, the proponent or opponent of a ballot measure means a registered issue committee supporting or opposing the ballot measure.
(c) A designated watcher need not be a resident of the county he or she is designated in as long as he or she is an eligible elector in the State of Colorado.

Annotation: June 13, 2016 7:45 pm

The rules define “firmware” as computer programs stored on read-only memory devices or other electronic circuitry in voting devices that control the basic operation and function of those devices.

Annotation: 5:28 pm

The rules define “electronic ballot” as a non-paper ballot such as on a touch screen or through audio feedback. After a voter casts an electronic ballot, the voter’s choices must be:
(a) Marked and printed on a paper ballot for subsequent counting by an optical scanner; or
(b) Digitally recorded and counted by the touch screen device, commonly referred to as a Direct Recording Electronic (DRE) device.

Annotation: 3:26 pm

According to the rules, a “designated election official” or “DEO” includes the designated election official’s sworn, deputized designee.

Annotation: 3:14 pm

The rules define “central count” as the county’s principal ballot counting and processing location.

Annotation: April 19, 2016 5:23 pm

Documents, including Colorado drivers’ licenses, issued under section 42-2-505, C.R.S., to persons who are not lawfully present, are not acceptable forms of identification for any purpose under the Uniform Election Code of 1992.

Annotation: 5:11 pm

As used in this section, “current” means that the date of the document is within 60 days of the date submitted for identification purposes unless the document states a longer billing cycle. 8 CCR 1505-1-2.3.3.

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Return envelope]

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 secrecy envelope and 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. C.R.S. § 1-7.5-103.

Definition [Political party]

Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.

Definition [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

Definition [Political organization]

Any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office. C.R.S. § 1-1-104.

 

Alternate Meaning for Art. 45:

 

A political organization defined in section 527 (e) (1) of the federal “Internal Revenue Code of 1986”, as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. “Political organization” shall not be construed to have the same meaning as “political organization” as defined in section 1-1-104 (24) for purposes of the “Uniform Election Code of 1992”, articles 1 to 13 of this title.

 

C.R.S. § 1-45-103

Definition [Designated election official]

The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Ballot]

(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 voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

Definition [Election]

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. C.R.S. § 1-7.5-103.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

Definition [Candidate]

Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.

Cases

colorado Cases

Case Name: Clements v. People ex rel. Lee

Citation: 143 P. 834 (Colo. 1914)

Year: 1914

Case PDF: Clements v. People ex rel. Lee

Case Summary: Holding that judgment of the trial court coercing the commission to accept and use in the appointment of judges and registrars a list of names of certain qualified electors claimed to have been certified to the proper officers by the Progressive party was wrong under the state of facts shown by the record; therefore, it was set aside, and the cause was remanded with directions to dismiss.

Case Name: City of Montrose v. Niles

Citation: 238 P.2d 875 (Colo. 1951)

Year: 1951

Case URL: https://www.ravellaw.com/opinions/1c91d50fbc773340ec2682a8d674f22f

Case Summary: Holding that an automobile owner who had paid the ownership tax on the automobile was not a taxpaying elector and therefore not entitled to vote in municipal bond election.

Case Name: City of Loveland v. Western Light Power Co.

Citation: 65 Colo. 55, 173 P. 717 (1918)

Year: 1918

Case PDF: City of Loveland v. Western Light Power Co.

Case Summary: Upholding a trial court's decision that election was valid, even though county taxpayers were prohibited from voting, because it was the intention of the legislature that only city taxpayers vote on erecting, owning, and operating municipal light plant.

Out-of-State Cases

Federal Cases

Case Name: Sheldon v. Moffat Tunnel Comm’n

Citation: 335 F. Supp. 251 (D. Colo. 1971)

Federal District Court: District of Colorado

Year: 1971

Case URL: https://www.ravellaw.com/opinions/6961b1011060025669bd5c2a25a73a77

Case Summary: Striking down a statute that limited franchise in an election for tunnel commissioners to citizens who paid property taxes. Court held that statute violated the equal protection clause of the Fourteenth Amendment. Effected voters were otherwise eligible electors in the state.

Regulations & Guidance