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1-7.5-103. Definitions

Statute

As used in this article, unless the context otherwise requires:

(1) “Designated election official” means official as defined in section 1-1-104 (8).

(2) “Election” means 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.

(3) “Election day” means 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.

(3.5) “Independent mail ballot election” has the meaning set forth in section 1-13.5-1102.

(4) “Mail ballot election” means an election for which eligible electors receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election.

(5) “Mail ballot packet” means the packet of information provided by the designated election official to eligible electors in the mail ballot election and to persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope or sleeve, and a return envelope.

(6) “Political subdivision” means a governing subdivision of the state, including counties, municipalities, school districts, and special districts.

(7) “Return envelope” means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.

(8) “Secrecy envelope” means the envelope or sleeve used for a mail ballot election that contains the eligible elector’s ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector’s vote until the counting of votes for that particular election.

 

Source: L. 92: Entire article R&RE, p. 752, § 10, effective January 1, 1993.L. 94: (4) amended, p. 1166, § 38, effective July 1.L. 2003: (5) and (7) amended, p. 1277, § 4, effective April 22.L. 2009: (4) amended, (HB 09-1015), ch. 259, p. 1184, § 3, effective August 5.L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 725, § 81, effective May 10; (5) amended,(HB 13-1135), ch. 184, p. 678, § 5, effective August 7.L. 2014: (4), (5), and (8) amended and (3.5) added, (HB 14-1164), ch. 2, p. 5, § 5, effective February 18.

 

Editor’s note: This section is similar to former § 1-7.5-103 as it existed prior to 1992.

Cross references: (1) For the “Uniform Election Code of 1992”, see articles 1 to 13 of this title.

(2) In 2013, subsection (4) 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.

(3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

Definition [Return envelope]

An envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. C.R.S. § 1-7.5-103.

Definition [Secrecy envelope]

The envelope or sleeve used for a mail ballot election that contains the eligible elector’s ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector’s vote until the counting of votes for that particular election. C.R.S. § 1-5-103.

Definition [Mail ballot election]

An election for which eligible electors receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election. 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 [Independent mail ballot election]

A mail ballot election that the governing body of a political subdivision, other than a school district, determines shall not be coordinated by the county clerk and recorder. C.R.S. § 1-7.5-103.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

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.