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Colorado > Colorado Electoral Code > Conduct of Elections

1-7-505. Close of polls – count and seals in electronic voting

Overview of Statute

After the polls have closed, the election judges must secure all voting recorders and devices to ensure no further use. In addition, election judges must prepare a report that states the total number of electors who voted, as indicated by the pollbooks, the number of ballots received, the number of unused ballots, and the number of spoiled ballots returned. This report, along with all cast and spoiled ballots, will be transferred to the designated counting judge in a sealed box.[1] A second election judge, different from the judge who delivered the sealed box, must also send a duplicate copy of the report to the designated election official. If the polling location instead uses an electronic voting mechanism that does not require ballots or ballot cards, then election judges must instead prepare the paper tape containing the votes.

[1] For partisan elections, two election judges from different political affiliations, as provided in C.R.S. § 1-6-109.5, must assist in delivering the box.

Statute

(1) After the polls have been closed, the election judges shall secure the vote recorders or the voting devices, or both, against further use.

(2) In polling locations in which voting is on a ballot or ballot card, election judges shall prepare a return in duplicate showing the number of eligible electors, as indicated by the pollbook, who have voted in the precinct, the number of official ballots or ballot cards received, and the number of spoiled and unused ballots or ballot cards returned. The original copy of the return shall be deposited in the metal or durable plastic transfer box, along with all voted and spoiled ballots. The transfer box shall then be sealed in such a way as to prevent tampering with the box or its contents. The designated election official shall provide a numbered seal. The duplicate copy of the return shall be mailed at the nearest post office or post office box to the designated election official by an election judge other than the one who delivers the transfer box to the designated counting center. For partisan elections, two election judges of different political affiliations, as provided in section 1-6-109.5, shall deliver the sealed transfer box to the counting center designated by the county clerk and recorder.

(3) In polling locations in which electronic voting is by a method other than a ballot or ballot card, election judges shall, after securing the voting devices, prepare the paper tape containing the votes.

 

Source: L. 92: Entire article R&RE, p. 746, § 9, effective January 1, 1993.L. 93: (2) amended, p. 1767, § 9, effective June 6; (2) amended, p. 1421, § 77, effective July 1.L. 98: (2) amended, p. 586, § 26, effective April 30.L. 2013: (2) and (3) amended, (HB 13-1303), ch. 185, p. 722, § 74, effective May 10.

 

Editor’s note: This section is similar to former § 1-7-505 as it existed prior to 1992.

Cross references: In 2013, subsections (2) and (3) 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 [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.