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

1-5-408. Form of ballots – electronic voting

Overview of Statute

As far as practicable, ballot cards on voting equipment shall be arranged as provided by §§ 1-5-402, 1-5-403, and 1-5-404, except that they will be the size and design required by the voting equipment, and can be printed on a number of separate ballot cards placed on voting equipment. If votes are recorded on a ballot card, separate ballots for write-in votes can be provided in the form of a paper ballot or envelope where the voter can write the title of the office and the name of a qualified write-in candidate. Polling locations using electromechanical voting systems can use differently colored ballot cards to ensure voters receive the full ballot. They can also use differently colored ballot cards for each party at primary elections.

Statute

(1) Ballot cards placed upon voting equipment shall, so far as practicable, be arranged as provided by sections 1-5-402, 1-5-403, and 1-5-404; except that they shall be of the size and design required by the voting equipment and may be printed on a number of separate ballot cards that are placed on the voting equipment.

(2) If votes are recorded on a ballot card, a separate write-in ballot may be provided, which may be in the form of a paper ballot or envelope on which the elector may write in the title of the office and the name of a qualified write-in candidate.

(3) Polling locations that use electromechanical voting systems may use ballot cards of different colors to ensure that electors receive a full ballot. Such polling locations may also use ballot cards of different colors for each party at primary elections.

(4) Repealed.

 

Source: L. 92: Entire article R&RE, p. 713, § 8, effective January 1, 1993.L. 97: (4) amended, p. 185, § 3, effective August 6.L. 2004: (1), (3), and (4) amended, p. 1344, § 6, effective May 28.L. 2013: (3) amended and (4) repealed, (HB 13-1303), ch. 185, p. 711, § 41, effective May 10.

 

Editor’s note: This section is similar to former § 1-6-405 as it existed prior to 1992.

Cross references: (1) For the legislative declaration contained in the 2004 act amending subsections (1), (3), and (4), see section 1 of chapter 334, Session Laws of Colorado 2004.

(2) In 2013, subsection (3) was amended and subsection (4) was repealed by the “Voter Access and Modernized Elections Act”.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.

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.