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Colorado > Colorado Electoral Code > Election Offenses

1-13-718. Release of information concerning count

Statute

Any election official, watcher, or other person who releases information concerning the count of ballots cast at polling locations or of mail-in or mail voters’ ballots prior to 7 p.m. on the day of the election is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-13-111.

 

Source: L. 80: Entire article R&RE, p. 436, § 1, effective January 1, 1981.L. 93: Entire section amended, p. 1436, § 122, effective July 1.L. 2007: Entire section amended, p. 1797, § 66, effective June 1.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 749, § 124, effective May 10.

 

Editor’s note: This section is similar to former § 1-13-144 as it existed prior to 1980.

Cross references: In 2013, this section was amended 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

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

Where there is a gross disregard of the procedure and formalities in the conduct of elections, whether permitted by design, through ignorance, or negligence, the returns should be rejected. People v. Lindsey, 80 Colo. 465, 253 P. 465 (1927).

And it is not necessary that actual fraud should be committed. People v. Lindsey, 80 Colo. 465, 253 P. 465 (1927).

But mere disclosure of early returns must affect result to set aside election. While it is a misdemeanor to disclose to anyone the comparative standing of candidates or questions being voted upon during an election while the polls are still open, an election will not be set aside for this reason alone unless this fact has been shown to affect the result of the election. Montrose v. Niles, 124 Colo. 535, 238 P.2d 875 (1951).
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 [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

Out-of-State Cases

Case State: colorado

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.

Federal Cases