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1-6-111. Number of election judges

Overview of Statute

For partisan elections, the county clerk and recorder must appoint at least three election judges to serve at each voter service and polling center. A student judge[1] may serve as one of the three, but the county clerk and recorder must appoint at least one qualified,[2] non-student election judge from each major political party. Voting may proceed when two election judges with different political affiliations are present at the polling location. For nonpartisan elections, the designated election official must appoint only two judges for each polling location.

The designated election official, or county clerk and recorder, may appoint other election judges as needed to perform duties other than polling location duties, including inspecting ballots, duplicating ballots, and counting paper ballots. During partisan elections, the county clerk and recorder must appoint two election judges, each with a different political affiliation. Further restrictions involve the permissible number of student judges and hiring of election judges to work half days.

[1] C.R.S. § 1-6-101(7): Guidelines for student judges

[2] C.R.S. § 1-6-109: Qualifications for appointing election judges

Statute

(1) For partisan elections, the county clerk and recorder shall appoint at least three election judges to serve as judges for each voter service and polling center to perform the designated functions, one of whom may be a student election judge appointed pursuant to section 1-6-101 (7). In each voter service and polling center, notwithstanding any other provision of this article and subject to the availability of election judges who meet the affiliation requirements of section 1-6-109, of the election judges appointed to serve as voter service and polling center judges pursuant to this subsection (1), there shall be at least one election judge from each major political party who is not a student election judge.

(2) (Deleted by amendment, L. 98, p. 580, 10, effective April 30, 1998.)

(3) When two election judges who are not of the same political affiliation are present at the polling location, voting may proceed.

(4) For nonpartisan elections, the designated election official shall appoint no fewer than two election judges to serve as judges for each polling location to perform the designated functions.

(5) The designated election official and, for partisan elections, the county clerk and recorder may appoint other election judges as needed to perform duties other than polling location duties. These duties may include inspecting ballots, duplicating ballots, and counting paper ballots. For partisan elections, if the county clerk and recorder appoints election judges to perform duties other than voter service and polling center duties, the county clerk and recorder shall appoint two election judges to perform such duties. The two election judges so appointed shall not be of the same political affiliation.

(6) (Deleted by amendment, L. 2013.)

(7) Where student election judges have been appointed by the county clerk and recorder to serve in a particular polling location pursuant to this article, no more than half of the total number of election judges serving in any one polling location are permitted to be student election judges.

(8) Subject to the requirements of this article regarding the number and party affiliation of election judges, the county clerk and recorder or designated election official may allow an election judge to work at a polling location for a shift lasting less than an entire day; except that, at least two judges of different affiliations must be present at each polling location at all times.

 

Source: L. 92: Entire article R&RE, p. 727, § 8, effective January 1, 1993.L. 98: Entire section amended, p. 580, § 10, effective April 30.L. 2000: (1) amended and (7) added, p. 1335, § 3, effective July 1.L. 2004: (6) amended, p. 1106, § 5, effective May 27.L. 2007: (6) amended and (8) added, p. 1977, § 21, effective August 3.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 716, § 56, effective May 10.

 

Editor’s note: This section is similar to former § § 1-5-104 and 1-5-105 as they existed prior to 1992.

Cross references: In 2013, this section was 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.
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 [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 [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 [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.