1-5-607. Elected officials not to handle voting equipment or devices
Overview of Statute
If a political subdivision has a population of one hundred thousand or more, no elected official or candidate may prepare, maintain, or repair any voting equipment used in an election. This prohibition only applies to actual physical contact with voting equipment, except for purposes of voting. This will not apply to precinct committeepersons who act as election judges.
(1) In any political subdivision having a population of one hundred thousand or more, it is unlawful for any elected official or candidate for elective office to prepare, maintain, or repair any voting equipment or device that is to be used or is used in any election. The provisions of this section shall be limited to actual physical contact with any voting equipment or device or any of its parts and shall not be construed as prohibiting an elected official from directing employees or other persons who are not elected officials to prepare, maintain, repair, or otherwise handle any voting equipment or devices.
(2) The provisions of this section shall not be construed to prohibit any elected official or candidate for elective office from voting at any election.
(3) The provisions of this section shall not apply to precinct committeepersons who act as election judges.
Source: L. 92: Entire article R&RE, p. 720, § 8, effective January 1, 1993.L. 96: (4) repealed, p. 1775, § 84, effective July 1.L. 2004: (1) amended, p. 1345, § 11, effective May 28.
Cross references: (1) For penalties for election offenses, see § 1-13-111.
(2) For the legislative declaration contained in the 2004 act amending subsection (1), see section 1 of chapter 334, Session Laws of Colorado 2004.
1. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
2. Definition for Person
Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.
3. 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.
4. Definition for Committee
The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.
5. Definition for 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.