1-13.5-1001. When absentee electors may vote
Any eligible elector of a local government may cast an absentee voter’s ballot at the election in the manner provided in sections 1-13.5-1002 to 1-13.5-1007.
Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 38, § 6, effective February 18.
Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.
Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980. This article was numbered as article 21 of chapter 49, C.R.S. 1963. For additional historical information concerning the repeal and reenactment of articles 1 to 13 of this title in 1980, see the editor’s note immediately following the title heading for this title.
Cross references: For applicability of this article to special district elections, see § 32-1-807; for election offenses in municipal elections, see part 15 of article 10 of title 31.
Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
Law reviews: For article, “The New Colorado Local Government Election Code: The Greatest Thing Since Sliced Bread”, see 43 Colo. Law. 39 (September 2014).
Annotator’s note. The following annotations include a case decided under former provisions similar to this section.
The provision for absentee voting is constitutional. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
The provision for absentee voting was enacted for the purpose of procuring a fuller expression of the public will at the ballot box. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
1. Definition for 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.
2. Definition for 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.
3. Definition for 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.
Case Name: Bullington v. Grabow
Citation: 88 Colo. 561, 298 P. 1059 (1931)
Case Summary: Upholding a statute that permitted voters to cast absentee votes when unable to physically show up at the polling place. This act did not violate the state constitution.