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1-6-119. Removal of election judge by designated election official

Overview of Statute

Following notice to the county clerk and recorder and affected election judge, authorized officials from political parties may preemptively remove an election judge from duties upon belief that the judge has failed to properly represent the party or moved from the county. The county clerk and recorder must subsequently fill any vacancy created by this removal.[1] Election officials may also remove an election judge for cause prior to election day.[2] On election day, election officials may remove a judge for failing to abide by the requirements, including appearing to the polling station late or neglecting required duties. Lastly, authorized officials must investigate all complaints filed by eligible electors against an election judge. The election official can then replace the offending judge, if necessary.[3]

[1] C.R.S. § 1-6-113: Guidance for filling a vacancy for election judges

[2] C.R.S. § 1-6-101, C.R.S. § 1-6-106, and C.R.S. § 1-6-101(5): Guidelines related to training for election judges

[3] C.R.S. § 1-6-113: Guidelines for replacing an election judge

Statute

(1) If a county chairperson of a major political party or the county chairperson or other authorized official of a minor political party believes that an election judge appointed to represent that party is not faithfully or fairly representing the party or that an election judge has moved from the county, the county chairperson or authorized official may exercise a preemptive removal of the election judge. The county chairperson or authorized official shall notify the county clerk and recorder and the election judge of the preemptive removal in writing. The county clerk and recorder shall fill any vacancy created by the preemptive removal as provided in section 1-6-113.

(2) Prior to election day, the designated election official may remove an election judge for cause. Cause includes but is not limited to the election judge’s failure to file an acceptance form in accordance with sections 1-6-101 and 1-6-106 and the election judge’s failure to attend a class of instruction as required in section 1-6-101 (5).

(3) On election day, the designated election official may remove an election judge who has neglected the duties of the office by failing to appear at the polling location by 7:30 a.m., by leaving the polling location before completing all of the duties assigned, by being unable or unwilling or by refusing to perform the duties of the office, or by electioneering.

(4) Upon receipt of a written complaint made by an eligible elector of the political subdivision concerning an election judge, the designated election official shall investigate the complaint and may remove the election judge and appoint another election judge in accordance with section 1-6-113.

 

Source: L. 92: Entire article R&RE, p. 730, § 8, effective January 1, 1993.L. 95: (3) amended, p. 839, § 56, effective July 1.L. 98: Entire section amended, p. 581, § 13, effective April 30.L. 2002: (1) and (4) amended, p. 1633, § 14, effective June 7.L. 2013: (3) amended, (HB 13-1303), ch. 185, p. 718, § 58, effective May 10.

 

Editor’s note: This section is similar to former § 1-5-116 as it existed prior to 1992.

Cross references: In 2013, subsection (3) 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 [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 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 [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 [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.