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1-6-109. Party affiliation of election judges in partisan elections – definition

Overview of Statute

Major political parties may appoint one-half of the election judges to serve at precincts that employ an even-number of judges during partisan elections. For precincts that employ an odd-number of judges, the county clerk and recorder must ensure that major political parties can appoint an extra judge at an equivalent number of precincts. If an odd-number of precincts employ an odd-number of judges, the county clerk and recorder will decide which of the major political parties can employ an extra judge at more precincts.

Statute

(1) For partisan elections in voter service and polling centers that have an even number of election judges, each major political party is entitled to one-half of the number of election judges.

(2) For partisan elections in voter service and polling centers that have an odd number of election judges, one major political party is entitled to the extra election judge in one-half of the voter service and polling centers, as determined by the county clerk and recorder, and the other major political party is entitled to the extra election judge in the other one-half of the voter service and polling centers, as determined by the county clerk and recorder.

(3) If an odd number of voter service and polling centers exist, the county clerk and recorder shall determine which major political party is entitled to any extra election judge. The county clerk and recorder shall make this determination either by mutual agreement of both of the major political parties or, if the two major political parties cannot agree, by lot.

(4) and (5) Repealed.

Source: L. 92: Entire article R&RE, p. 726, § 8, effective January 1, 1993.L. 98: Entire section amended, p. 578, § 8, effective April 30.L. 2002: (4) repealed, p. 1642, § 39, effective June 7.L. 2012: (5) added, (HB 12-1292), ch. 181, p. 684, § 24, effective May 17. L. 2018: (1), (2), and (3) amended, (SB 18-233), ch. 262, p. 1610, § 18, effective May 29.

Editor’s note: (1) This section is similar to former § 1-5-102 as it existed prior to 1992. (2) Subsection (5)(b) provided for the repeal of subsection (5), effective January 1, 2015. (See L. 2012, p. 684.)

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 [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.

Cases

Colorado Cases

Case Name: MacGuire v. Houston

Citation: 717 P.2d 948 (Colo. 1986)

Year: 1986

Case URL: https://www.ravellaw.com/opinions/c6f1a38338c9a332b2efa45ac15ba940

Case Summary: The district court ruled that the statute restricting the opportunity to serve as an election judge to persons who have affiliated with one of two major political parties did not violate the plaintiff's freedom of speech and association or her right to equal protection of the laws. We affirm the ruling of the district court.  

Out-of-State Cases

Federal Cases

Regulations & Guidance