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1-6-101. Qualifications for election judges – student election judges – definition – legislative declaration

Overview of Statute

As used in this article, “election judge” refers to student election judges, electors appointed by the county clerk and recorder, or election judges who perform certain election duties. Appointed election judges, excluding student election judges, must certify in writing their qualifications for the job. Election judges must also file an acceptance form with the appropriate authority[1] and take a course provided by the relevant election official. These officials must provide these courses at least forty-five days prior to the each election, and can require that a judge take multiple courses.

When initially appointing election judges for nonpartisan elections coordinated by the county clerk and recorder, the appointing officials may only appoint electors registered in the relevant political subdivision. If unable to fill the positions with registered electors of the political subdivision, the relevant authority may appoint other registered electors from the political subdivision to fill a vacancy.

Student election judges must adhere to many of the same provisions. These judges will be appointed by the same appointing officials, who may work with educational institutions to identify students capable and willing to serve. The general assembly hopes appointing these student election judges will promote a greater awareness among young people concerning the electoral process.

[1] C.R.S. § 1-6-106: guidelines for the confirmation and acceptance of election judge appointments

Statute

(1) As used in this article, “election judge” means a registered elector appointed by the county clerk and recorder or designated elected official to perform the election duties assigned by the county clerk and recorder or designated election official. As used in this article, “election judge” also includes a student election judge appointed pursuant to the provisions of subsection (7) of this section.

(2) The persons appointed as election judges, except for persons appointed as student election judges pursuant to the provisions of subsection (7) of this section, shall certify in writing that they meet the following qualifications:

(a) They are registered electors who reside in the political subdivision, unless otherwise excepted, and are willing to serve;

(b) They are physically and mentally able to perform and complete the assigned tasks;

(c) They will attend a class of instruction concerning the tasks of an election judge prior to each election;

(d) They have never been convicted of election fraud, any other election offense, or fraud; and

(e) They are neither a candidate whose name appears on the ballot in the precinct that they are appointed to serve nor a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve.

(3) With regard to any nonpartisan election that is not coordinated by the county clerk and recorder, the election judge shall be a registered elector of the political subdivision for which the election is being held. If enough registered electors of the political subdivision are not available, then the appointing authority may appoint election judges who are registered electors of the state.

(4) Before serving as an election judge, any person recommended as an election judge in accordance with section 1-6-102, 1-6-103, 1-6-103.5, or 1-6-103.7 shall complete and file an acceptance form with the county clerk and recorder or other designated election official as provided in section 1-6-106. The acceptance forms may be kept on file with the county clerk and recorder or other designated election official for up to two years from the date of signing the acceptance form.

(5) The county clerk and recorder or the designated election official shall hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the task of a supervisor judge not more than forty-five days prior to each election.

(6) Each person appointed as an election judge shall be required to attend one class of instruction prior to the first election in an election cycle in which the person will serve as an election judge. The county clerk and recorder or other designated election official may require a person appointed as an election judge to attend more than one class of instruction in an election cycle.

(7) (a) The general assembly hereby finds and declares that, in order to promote a greater awareness among young people concerning the electoral process, the rights and responsibilities of voters, and the importance of citizen participation in public affairs, as well as to provide additional qualified individuals willing and able to assist with the electoral process, qualified students may be allowed to serve as student election judges. Therefore, it is the intent of the general assembly in enacting this subsection (7) to authorize designated election officials to appoint qualified students to serve as election judges in conformity with this section.

(b) As used in this article, “student election judge” means a student who meets the requirements of this subsection (7) and who is appointed by a designated election official for service as an election judge pursuant to this section.

(c) The designated election officials may work with school districts and public or private secondary educational institutions to identify students willing and able to serve as student election judges. Such school districts or educational institutions may submit the names of the students to the designated election official of the jurisdiction in which the school district or educational institution is located for appointment as student election judges. Home-schooled students may apply to the designated election official for appointment as a student election judge pursuant to this section. From among the names submitted, the designated election officials may select students to serve as student election judges who meet the following qualifications:

(I) They are a United States citizen or will be a citizen at the time of the election to which the student is serving as a student election judge;

(II) They are willing to serve;

(III) They are physically and mentally able to perform and complete the assigned tasks;

(IV) They will attend a class of instruction concerning the tasks of an election judge prior to each election;

(V) They have never been convicted of election fraud, any other election offense, or fraud;

(VI) They are not a member of the immediate family, related by blood, marriage, or civil union to the second degree, of a candidate whose name appears on the ballot in the precinct that they are appointed to serve;

(VII) They are sixteen years of age or older and either a junior or senior in good standing attending a public or private secondary educational institution or being home-schooled at the time of the election to which the student is serving as a student election judge; and

(VIII) Their parent or legal guardian has consented to their service as a student election judge.

 

Source: L. 92: Entire article R&RE, p. 723, § 8, effective January 1, 1993.L. 93: IP(1) amended and (3) and (4) added, p. 1414, § 58, effective July 1.L. 96: (1)(d) and (2) amended, p. 1744, § 38, effective July 1.L. 98: Entire section amended, p. 574, § 1, effective April 30.L. 2000: (1) and IP(2) amended and (7) added, p. 1333, § 1, effective July 1.L. 2002: (4) and (6) amended, p. 1631, § 8, effective June 7.L. 2005: (5) amended, p. 1403, § 23, effective June 6; (5) amended, p. 1438, § 23, effective June 6.L. 2007: (5) amended, p. 1977, § 20, effective August 3.L. 2012: (7)(a), (7)(b), and IP(7)(c) amended, (HB 12-1292), ch. 181, p. 683, § 23, effective May 17.L. 2013: (2)(e), (5), and (7)(c)(VI) amended, (HB 13-1303), ch. 185, p. 715, § 54, effective May 10.

 

Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.

Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.


Editor’s note: Articles 1 to 13 were repealed and reenacted in 1980, and this article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor’s note following the title heading. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.

Cross references: (1) For transferring names of electors when precinct boundaries changed, see § 1-2-223; for the power of the board of county commissioners to form new precincts, change the names of precincts, or reduce the numbers of precincts, see § 30-11-114.

(2) In 2013, subsections (2)(e), (5), and (7)(c)(VI) were 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.
 
ANNOTATION

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

Judicial notice taken of boundaries of election precincts. Courts take judicial notice of matters of common knowledge in the community where they sit, such as the boundaries of election precincts. Nat’l Optical Co. v. United States Fid. Guar. Co., 77 Colo. 130, 235 P. 343 (1925); Antlers Athletic Ass’n v. Hartung, 85 Colo. 125, 274 P. 831 (1928); Israel v. Wood, 93 Colo. 500, 27 P.2d 1024 (1933).

And a court will take judicial notice of the fact that there has been a precinct established in a county, it not being material whether the precinct was established upon proper petition or by virtue of authority so to do under this section. Bd. of Comm’rs v. People ex rel. McPherson, 36 Colo. 246, 91 P. 36 (1906).

Whereupon a mandamus proceeding will be dismissed. When a court takes judicial notice that an election precinct has been established, a mandamus proceeding to compel the board of county commissioners to establish such precinct pending upon review in such court will be dismissed, there being no live question for determination. Bd. of Comm’rs v. People ex rel. McPherson, 36 Colo. 246, 91 P. 36 (1906).

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Election Cycle]

Either:

(a) The period of time beginning thirty-one days following a general election for the particular office and ending thirty days following the next general election for that office;

(b) The period of time beginning thirty-one days following a general election for the particular office and ending thirty days following the special legislative election for that office; or

(c) The period of time beginning thirty-one days following the special legislative election for the particular office and ending thirty days following the next general election for that office.

Section 2(6) of article XXVIII of the state constitution.

Definition [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

Definition [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.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

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 [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.

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: Bd. of Comm’rs v. People ex rel. McPherson

Citation: 91 P. 36 (Colo. 1906)

Year: 1906

Case PDF: Bd. of Comm'rs v. People ex rel. McPherson

Case Summary: We have carefully examined the record and the testimony in this case, and have concluded that the findings and decree are abundantly supported by the same except as to the width of the roadway. The judgment will therefore be affirmed in all matters except that portion of the decree which provides that the right of way should be thirty-five feet wide. As to that it will be reversed and remanded with instructions to modify the decree in accordance with this opinion.

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