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Colorado > Colorado Electoral Code > Notice Of And Preparation For Elections

1-5-103. Changes in boundaries – partisan elections

Overview of Statute

For partisan elections, changes in boundaries must be completed at least 29 days before precinct caucus days, except when the precinct changes result from a change in county boundaries. The county clerk and recorder must move the location of any polling location upon a petition endorsed by the majority of the eligible voters in a county, subject to other requirements and the approval of the board of county commissioners. The county clerk and recorder must also submit changes to the secretary of state within 10 days.

Statute

(1) Changes in the boundaries of precincts or the creation of new precincts for partisan elections shall be completed no later than twenty-nine days prior to the precinct caucus day, except in cases of precinct changes resulting from changes in county boundaries.

(2) Subject to approval by the board of county commissioners, the county clerk and recorder shall change the location of any polling location upon a petition of a majority of the eligible electors residing within a county if the request is made at least ninety days prior to the primary election.

(3) All changes in precinct boundaries or numbering for partisan elections, including changes required pursuant to section 1-5-101.5, shall be reported within ten days by the county clerk and recorder to the secretary of state, and a corrected precinct map shall be transmitted to the secretary of state as soon as possible after the changes have been effected.

 

Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993.L. 94: (1) amended, p. 1769, § 26, effective January 1, 1995.L. 95: (1) amended, p. 836, § 47, effective July 1.L. 99: (1) amended, p. 771, § 39, effective May 20. L. 2000: (3) amended, p. 265, § 3, effective August 2.L. 2002: (1) amended, p. 134, § 5, effective March 27.L. 2013: (1) and (2) amended, (HB 13-1303), ch. 185, p. 707, § 32, effective May 10.

 

Editor’s note: (1) This section is similar to former § 1-6-101 (2), (3), and (4) as it existed prior to 1992.

(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2002. (See L. 2002, p. 134.)

Cross references: In 2013, subsections (1) and (2) were 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

Applied in

Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982) (decided under former law).

 

Editor’s note: (1) This section is similar to former § 1-6-101 (2), (3), and (4) as it existed prior to 1992.

(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective July 1, 2002. (See L. 2002, p. 134.)

Cross references: In 2013, subsections (1) and (2) were 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

Applied in Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982) (decided under former law).

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 [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.