1-8.3-103. Elections covered
(1) The voting procedures in this article apply to:
(a) A general, congressional vacancy, or primary election for federal office;
(b) A general, recall, or primary election for statewide or state legislative office or state ballot measure;
(c) Any other election coordinated by the county clerk and recorder; and
(d) An election conducted under article 13.5 of this title.
Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 666, § 1, effective May 13.L. 2014: (1)(d) added,(HB 14-1164), ch. 2, p. 73, § 39, effective February 18.
Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
The first category of elections delineated in this section is the only category covered by the UOCAVA. However, even for these elections, this act provides additional accommodations to military and overseas voters that are not provided under the UOCAVA. The second and third categories of state and local elections extend the act’s accommodations to non-federal elections not within the UOCAVA scope. These two categories are distinguished primarily to permit an enacting state more easily to consider providing different accommodations to military and overseas voters depending on the type of election.
The rules define “ballot measure” as a ballot issue or ballot question as defined in sections 1-1-104(2.3) and (2.7), C.R.S.
1. Definition for Overseas voter
A United States citizen who is outside the United States. C.R.S. § 1-8.3-102.
2. Definition for 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.
3. Definition for 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.
4. Definition for 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.