1-5-104. Changes in boundaries – nonpartisan elections
Overview of Statute
For nonpartisan elections, except in the case of precinct changes resulting from changes in the jurisdiction’s boundaries, all changes must be made at least 25 days before the election. All changes to precinct boundaries or numbering must be reported to the county clerk and recorder by the designated election official within 10 days, and a corrected precinct map must be transmitted to the county clerk and recorder as soon as possible after changes have been made. Governing bodies will change any polling place upon a petition from a majority of the eligible voters in their precincts, so long as the request is made at least 45 days before the next scheduled election and another polling place location is reasonably available. Other than as provided by law, no polling place must be changed within 25 days of an election.
Statute
(1) Changes in the boundaries of precincts or the creation of new precincts for nonpartisan elections shall be completed no later than twenty-five days prior to scheduled elections, except in cases of precinct changes resulting from changes in the jurisdiction’s boundaries.
(2) All changes in precinct boundaries or numbering for nonpartisan elections shall be reported to the county clerk and recorder within ten days by the designated election official, and a corrected precinct map shall be transmitted to the county clerk and recorder as soon as possible after the changes have been effected.
(3) Each governing body shall change any polling place upon a petition of a majority of the eligible electors residing within a precinct if the request is made at least forty-five days prior to the next scheduled election and another polling place location is reasonably available.
(4) Except as provided by law, no polling place shall be changed after the twenty-fifth day prior to an election.
Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993.L. 93: (1) amended, p. 1408, § 41, effective July 1.L. 96: (1), (3), and (4) amended, p. 1742, § 30, effective July 1.L. 99: (1) amended, p. 771, § 40, effective May 20.
ANNOTATION
Applied in Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982) (decided under former law).
- Cross-References:
- County clerk and court reporter
- Election Day
- eligible electors
- Precincts
- Regulation of Polling Places
1. Definition for 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.
2. 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.
Cases
Colorado Cases
Case Name: MacGuire v. Houston
Citation: 717 P.2d 948 (Colo. 1986)
Year: 1986
Case URL: https://www.ravellaw.com/opinions/c6f1a38338c9a332b2efa45ac15ba940
Case Summary: The district court ruled that the statute restricting the opportunity to serve as an election judge to persons who have affiliated with one of two major political parties did not violate the plaintiff's freedom of speech and association or her right to equal protection of the laws. We affirm the ruling of the district court.
Out-of-State Cases
Federal Cases
Case Name: Libertarian Party of Colo. v. Buckley
Citation: 8 F. Supp. 2d 1244 (D. Colo. 1998)
Federal District Court: District of Colorado
Year: 1998
Case URL: http://law.justia.com/cases/federal/district-courts/FSupp2/8/1244/2576649/
Case Summary: Holding that case presented was non-justiciable when plaintiffs' constitutional challenge no longer applied to statute as amended before trial.
Case Name: Libertarian Party of Colo. v. Buckley
Citation: 938 F. Supp. 687 (D. Colo. 1996)
Federal District Court: District of Colorado
Year: 1996
Case URL: https://casetext.com/case/libertarian-party-of-colorado-v-buckley-2
Case Summary: Holding that state's recognized interest in regulating elections was sufficient to outweigh any position bias claimed by plaintiffs under state statute that arranged candidate names on ballots according to political party, with major political parties being listed first.