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

1-5-105. Restrictions

Overview of Statute

Election-related activity cannot occur within 100 feet of a polling location or drop-off location. Also, polling location or drop-off location cannot be located in a place where liquor is being served. Polling locations and drop-off locations are to be in public locations whenever possible. When a polling or drop-off location is in a multi-use building, such as a shopping mall or county office building, the “building” is considered the room in which ballots are cast, any waiting room or hall where voters wait to vote, a primary corridor where voters walk to an interior polling or drop-off location, and the designated exterior door to the multi-use building in which the polling or drop-off location is located.

Statute

(1) No election-related activity may be conducted within one hundred feet of any building in which a polling location or drop-off location is located except that of the conduct of the election at the polling location or drop-off location.

(2) No polling location or drop-off location shall be located in a room in which any intoxicating malt, spirituous, or vinous liquors are being served.

(3) The polling locations or drop-off locations shall be in public locations wherever possible. A private location may be used only when no appropriate public location is available.

(4) For the purposes of subsection (1) of this section and section 1-13-714, when a polling location or drop-off location is within a multi-use building such as a shopping mall or county office building, the “building” is considered the room in which ballots are cast, any waiting room or hall where electors wait to vote, as well as a primary corridor where electors walk to an interior polling location or drop-off location, and the designated exterior door to the multi-use building in which the polling location or drop-off location is located.

 

Source: L. 92: Entire article R&RE, p. 701, § 8, effective January 1, 1993.L. 93: (2) and (3) amended, p. 1408, § 42, effective July 1.L. 95: (4) added, p. 836, § 48, effective July 1.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 708, § 33, effective May 10.

 

Editor’s note: This section is similar to former § 1-6-101 (5) and (6) as it existed prior to 1992. For a detailed comparison, see the comparative tables located at the back of the index.

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.

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.