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colorado > Colorado Electoral Code > Election Judges

1-6-115. Compensation of judges

Overview of Statute

The governing body calling an election will decide and pay a uniform compensation for all election judges within a political subdivision. All election judges must receive at least five dollars as compensation for services. Student judges must receive at least 75% of the compensation given to all other judges, if not equal compensation. Election judges may also receive compensation for attending election schools and other expenses incurred.

Supervisor election judges must receive at least five dollars for attending a specialized election course run by the county clerk and recorder, and also at least four dollars for returning the election materials back to the designated election official.[1] Likewise, designated election officials may also reimburse certain drivers. In order to receive compensation, election judges must give a social security number, but state statute does not recognize this position as employment.[2]

[1] C.R.S. § 1-6-109(5): Guidelines for the appointment of supervisor election judges

[2] Articles 70 to 82 of title 8, C.R.S. provide further guidance on employment within the state.

Statute

(1) In all elections, including primary and general elections, each election judge serving in the precincts on election day shall receive not less than five dollars as compensation for services provided as judge at any election. At the discretion of the county clerk and recorder or designated election official, a student election judge appointed pursuant to the provisions of this article may receive the same compensation received by an election judge but, in any case, not less than seventy-five percent of the compensation received by an election judge for service provided as a judge at any election.

(2) In addition to the compensation provided by subsection (1) of this section, each election judge and student election judge may be paid expenses and reasonable compensation for attending election schools which may be established by the county clerk and recorder or the designated election official. Each supervisor judge appointed by the county clerk and recorder shall be reimbursed no less than five dollars for attending a special school of instruction.

(2.5) The supervisor judge and, for partisan elections, the second election judge selected in accordance with section 1-6-109.5 (4) (b), shall be paid no less than four dollars for returning the election supplies, election equipment, and the ballots to the designated election official. The person providing the transportation may be paid a mileage allowance, to be set by the designated election official but not to exceed the mileage rate authorized for county officials and employees, for each mile necessarily traveled in excess of ten miles in going to and returning from the office of the designated election official.

(3) Compensation for election judges shall be determined and paid by the governing body calling the election. Compensation for all judges shall be uniform throughout a particular political subdivision, except the compensation of student election judges shall be set in conformity with subsection (1) of this section.

(4) Election judges must give the designated election officials their social security numbers in order to receive compensation; however, service as an election judge shall not be considered employment pursuant to articles 70 to 82 of title 8, C.R.S.

 

Source: L. 92: Entire article R&RE, p. 728, § 8, effective January 1, 1993.L. 93: (2) amended, p. 1416, § 61, effective July 1.L. 95: (1) amended, p. 839, § 55, effective July 1.L. 98: (1) and (2) amended and (2.5) added, p. 581, § 12, effective April 30.L. 2000: (1), (2), and (3) amended, p. 1335, § 4, effective July 1.L. 2002: (1) amended, p. 1633, § 13, effective June 7.L. 2006: (1) amended, p. 48, § 1, effective July 1.L. 2013: (2) and (2.5) amended, (HB 13-1303), ch. 185, p. 717, § 57, effective May 10.

 

Editor’s note: This section is similar to former § 1-5-112 as it existed prior to 1992.

Cross references: (1) For the mileage rate authorized for county officers and employees, see § 30-11-107 (1)(t).

(2) In 2013, subsections (2) and (2.5) 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.

Definition [Election day]

The date either established by law or determined by the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.C.R.S. § 1-7.5-103.

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 [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.