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

1-5-409. Single cross mark for party slate not permitted

Overview of Statute

Each office must be voted on separately. Straight ticket voting is not permitted.

Statute

Each office in every election shall be voted upon separately, and no emblem, device, or political party designation shall be used on the official ballot at any election by which an eligible elector may vote for more than one office by placing a single cross mark on the ballot or by writing in the name of any political party or political organization.

Source: L. 92: Entire article R&RE, p. 714, § 8, effective January 1, 1993.

Editor’s note: This section is similar to former § 1-6-406 as it existed prior to 1992.
 
ANNOTATIONS

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

Holding that prior to the enactment of this section, a cross marked in ink against a party emblem on a ballot indicated a vote for the entire set of candidates of that party, while a cross so marked opposite the name of an individual candidate indicated a vote for that individual. When a ballot was marked against a party emblem, thereby indicating a vote for the entire list of candidates of such party, and was also marked against one or more names of candidates in another list, the ballot was void as to any office so doubly marked. Heiskell v. Landrum, 23 Colo. 65, 46 P. 120 (1896).

Holding that where the voter wrote, in the blank above the list of nominations, the name of a particular party, he indicated an intention to vote for all the candidates of that party named upon the ballot, unless, he manifested a different intention, i.e., by inserting an “X” opposite the name of an opposing candidate, or if there are two or more candidates for the same office, by drawing a line through the name of those, or the one, for whom he did not desire to vote. Bromley v. Hallock, 57 Colo. 148, 140 P. 186 (1914).

1.Prior law

Holdingf that under Rev.St.1908, § 2236, a ballot, on which in the blank space at the top, is written “Progressive,” in combination with either “Bull Moose” or “Roosevelt,” or both, is to be counted for a candidate on the “Progressive” ticket, when there is no candidate for that office on either the “Bull Moose” or “Roosevelt” tickets. Bromley v. Hallock, 1914, 140 P. 186, 57 Colo. 148.

Holding that where the voter writes in the blank above the list of nominations, the name of a particular party, he indicates an intention to vote for all the candidates of that party named upon the ballot, unless, in the way provided by the statutes, he manifests a different intention, i.e., by inserting an X opposite the name of an opposing candidate, or if there are two or more candidates for the same office, by drawing a line through the name of those, or the one, for whom he does not desire to vote.  The contestor was a candidate upon the ticket of the Progressive party.  Several voters wrote at the top of the ballot the name of this party, as well as the name of another party which had made no nomination for the office for which the contestor was a candidate, and none of these ballots bore any X opposite or near to the name of any candidate for that office.  Held, that the insertion of the names of the other parties, in addition to the Progressive party, did not tend to contradict or neutralize the purpose of the voter to cast his ballot for contestor and that the ballots must be counted accordingly. Bromley v. Hallock, 1914, 140 P. 186, 57 Colo. 148.

Holding that under Australian Ballot Law 1891, p. 143, providing that when a cross is marked in ink against a party device, indicating a vote for the entire set of candidates, and also another cross in ink against one or more named in another list, such ballot shall only be invalid as to any officer so doubly marked, a ballot so marked cannot be counted for either candidate for the office so doubly marked. Heiskell v. Landrum, 1896, 46 P. 120, 23 Colo. 65.

 

Definition [Political party]

Any group of registered electors who, by petition or assembly, nominate candidates for the official general election ballot. “Political party” includes affiliated party organizations at the state, county, and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article, except as otherwise provided in section 7. Section 2(13) of article XXVIII of the state constitution.

Definition [Political organization]

Any group of registered electors who, by petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office. C.R.S. § 1-1-104.

 

Alternate Meaning for Art. 45:

 

A political organization defined in section 527 (e) (1) of the federal “Internal Revenue Code of 1986”, as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. “Political organization” shall not be construed to have the same meaning as “political organization” as defined in section 1-1-104 (24) for purposes of the “Uniform Election Code of 1992”, articles 1 to 13 of this title.

 

C.R.S. § 1-45-103

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 [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

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

Case Name: Heiskell v. Landrum

Citation: 46 P. 120 (Colo. 1896)

Year: 1896

Case PDF: Heiskell v. Landrum

Case Summary: Holding that "in cases in which the ballot was marked once for the party-wide ticket and another time for a candidate from another party for a position for which the party-wide vote would have been counted the votes canceled each other out and were not to be counted."  

Case Name: Bromley v. Hallock

Citation: 140 P. 186 (Colo. 1914)

Year: 1914

Case PDF: Bromley v. Hallock

Case Summary: Holding that election officials should still count votes, despite the inclusion of many party names instead of just one.

Out-of-State Cases

Federal Cases

Regulations & Guidance