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colorado > Colorado Electoral Code > Elections Generally

1-1-110. Powers of county clerk and recorder and deputy – communication to electors

Statute

(1) The county clerk and recorder, in rendering decisions and interpretations under this code, shall consult with the secretary of state and follow the rules and orders promulgated by the secretary of state pursuant to this code.

(1.5) Pursuant to section 24-4-106 (4.7), C.R.S., a county clerk and recorder is authorized to seek judicial review of final action undertaken by the secretary of state arising under this code.

(2) All powers and authority granted to the county clerk and recorder by this code may be exercised by a deputy clerk in the absence of the county clerk and recorder or if the county clerk and recorder for any reason is unable to perform the required duties.

(3) As the chief election official for the county, the county clerk and recorder shall be the chief designated election official for all coordinated elections.

(4) (a) Except as otherwise provided in paragraph (c) of this subsection (4) or in section 1-2-204 (2), any communication by mail from the county clerk and recorder to any registered elector pursuant to this title, including a confirmation card, must be sent to the elector’s address of record.

(b) Repealed.

(c) A county clerk and recorder shall send a confirmation card in accordance with section 1-2-302.5.

(5) (a) Except as otherwise provided in this subsection (5) and notwithstanding any other provision of law, an elector may request to receive elections communication, except for ballots and confirmation cards, from his or her county clerk and recorder by electronic transmission. With the request, the elector must submit an electronic-mail address to which the county clerk and recorder may send communication from the county clerk and recorder. The county clerk and recorder, upon receiving the request, may send all future elections communication, except for ballots and confirmation cards, by electronic transmission to the electronic-mail address provided by the elector; except that:

(I) If an elector subsequently requests to cease the electronic transmission and requests to receive future elections communication by mail, the county clerk and recorder shall comply with the request; or

(II) If the county clerk and recorder, after sending such an electronic transmission, receives an undeliverable message or any other message indicating that the elector’s electronic-mail address is no longer valid, the county clerk and recorder must send that particular communication by regular mail and shall not send any future elections communication by electronic transmission, unless the elector reapplies for electronic communications.

(b) An electronic-mail address provided by an elector shall not be made available to the public or any individual or organization other than an authorized agent of the local election official, and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be used only for official communication with the elector about the voting process, if the elector has requested such electronic transmission under this subsection (5).

(c) All correspondence sent to an elector pursuant to this subsection (5) shall be maintained in the elector’s registration records stored in the statewide voter registration system created in section 1-2-301.

(d) The failure of an elector to receive elections communication by electronic transmission is not grounds to invalidate an election if the county clerk and recorder acted in good faith in making the electronic transmission.

(e) Nothing in paragraph (a) of this subsection (5) prevents the receipt or return of a ballot via electronic transfer as set forth insection 1-7.5-115.

 

Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993.L. 93: (3) amended, p. 1396, § 6, effective July 1.L. 96: (3) amended, p. 1734, § 5, effective July 1.L. 99: (4) added, p. 279, § 2, effective August 4.L. 2003: (1) amended, p. 2065, § 5, effective May 22.L. 2012: (4)(a) amended and (4)(b) repealed, (HB 12-1292), ch. 181, p. 676, § 2, effective May 17.L. 2013: (4)(a) amended and (4)(c) and (5) added, (HB 13-1303), ch. 185, p. 683, § 4, effective May 10.L. 2014: (1.5) added, (HB 14-1354), ch. 159, p. 553, § 1, effective May 9.

 

Editor’s note: This section is similar to former § 1-1-109 as it existed prior to 1992.

Cross references: In 2013, subsection (4)(a) was amended and subsections (4)(c) and (5) were added 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.

 

ANNOTATION

Subsection (3) governs the timeliness of the filing of an annexation petition pursuant to § 30-6-105 and language of notification requirement in this section is mandatory and thus county board of commissioners is without discretion to shorten notice period. Sellers v. Bd. of County Comm’rs, 682 P.2d 509 (Colo. App. 1984) (decided under former law).

Annotation: June 13, 2016 5:32 pm

According to the rules, “Electronic Transmission” means:
(a) For the purpose of sending an unvoted ballot by fax, email, or online delivery to:
(1) A military or overseas elector under Article 8.3 of Title 1, C.R.S.
(2) An elector requesting a replacement for an emergency under section 1-7.5-115, C.R.S.
(3) An affected elector requesting a ballot because of a disaster emergency.
(b)For the purpose of returning a voted ballot to the county clerk fax or email.

Annotation: 3:27 pm

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

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 [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.

Cases

colorado Cases

Case Name: Sellers v. Bd. of County Comm’rs

Citation: 682 P.2d 509 (Colo. App. 1984)

Year: 1984

Case URL: https://www.ravellaw.com/opinions/0835cf8c7d020dfef9877cf1a980a220

Case Summary: Holding that petition filed less than 60 days before the next scheduled general election was filed late; county board lacked discretion to shorten the notice period; and county clerk and recorder had no discretion to hold the petition over until the election following the next subsequent general election.

Out-of-State Cases

Federal Cases

Regulations & Guidance