1-6-104. Appointment of election judges by county clerk and recorder and designated election officials
Overview of Statute
County clerk and recorders will appoint election judges for each precinct in a county during elections coordinated by their office. Appointed judges will serve for two years beginning on the last Tuesday in May in even-numbered years. The appointment will end on the last Monday in May of the next even-numbered year. The county clerk and recorder may appoint an election judge to serve in a precinct of the county other than the precinct in which the election judge resides. Should the major political parties provide a list with an insufficient number of recommended election judges, the county clerk and recorder may fill vacancies from the lists provided by minor political parties and unaffiliated voters who have offered to serve. The county clerk and recorder may also appoint student election judges depending on the number of vacancies for election judges in elections coordinated by the county clerk and recorder. These student judges may also serve precincts outside of where the student judge lives.
(1) For each election coordinated by the county clerk and recorder, the county clerk and recorder shall appoint election judges for each precinct in the county. An election judge for a precinct shall serve for a two-year period beginning on the last Tuesday of May in even-numbered years and ending on the last Monday in May of the next even-numbered year or until the designated election official appoints another person to replace that election judge for that precinct, whichever is earlier.
(2) The county clerk and recorder may appoint an election judge to serve in a precinct of the county other than the precinct in which the election judge resides.
(3) If, at the time the county clerk and recorder appoints election judges for a precinct, the list of recommended election judges submitted in accordance with section 1-6-102 contains an insufficient number of names for a major political party’s share of the total number of election judges as required in section 1-6-109, the designated election official shall appoint any additional election judges necessary from among the persons recommended by minor political parties in accordance withsection 1-6-103.5 and the unaffiliated voters who have offered to serve as election judges in accordance with section 1-6-103.7.
(4) For each election coordinated by the county clerk and recorder, the county clerk and recorder may appoint one or more student election judges that satisfy the requirements contained in section 1-6-101 (7) to serve as an election judge, and shall designate the precinct in which the student election judge shall serve based upon the number of qualified students and vacancies in the number of available positions for election judges throughout the county, notwithstanding the fact that a student election judge may serve in a precinct of the county other than the precinct in which the student election judge resides.
Source: L. 92: Entire article R&RE, p. 725, § 8, effective January 1, 1993.L. 98: Entire section amended, p. 576, § 4, effective April 30.L. 99: (3) amended, p. 161, § 13, effective August 4.L. 2000: (4) added, p. 1334, § 2, effective July 1.L. 2002: (3) amended, p. 1632, § 10, effective June 7.
Editor’s note: This section is similar to former § 1-5-101 as it existed prior to 1992.
Cross references: For removal of election judges, see § § 1-6-119 and 1-6-120.
Annotator’s note. The following annotations include a case decided under former provisions similar to this section.
Election judges have both judicial and ministerial duties to perform. People ex rel. Griffith v. Bundy, 107 Colo. 102, 109 P.2d 261 (1940).
Such judicial conclusions are not subject to review by mandamus. People ex rel. Griffith v. Bundy, 107 Colo. 102, 109 P.2d 261 (1940).
And the actual count and determination of election results is a duty of election judges, and their disposition of disputes as to count or the result of a ballot is judicial. People ex rel. Griffith v. Bundy, 107 Colo. 102, 109 P.2d 261 (1940).
1. Definition for 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.
2. Definition for 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.
3. Definition for 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.
4. 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.
5. 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.
Case Name: People ex rel. Griffith v. Bundy
Citation: 109 P.2d 261 (Colo. 1941)
The court agreed with the county canvasser boards and the election commission. The mandamus petition filed by the losing candidate failed to allege that the county canvasser boards or the election commission had acted fraudulently, dishonestly or in bad faith in reporting the results of the election. The acts of the county canvasser boards and the election commission in allegedly counting ballots that should not have been counted were judicial conclusions that, even if erroneous, could not be reviewed by means of a mandamus proceeding. Disputes about election results were properly decided by contest proceedings as opposed to mandamus proceedings.