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colorado > Colorado Electoral Code > Uniform Military And Overseas Voters Act

1-8.3-108. Methods of applying for ballot – definition

Statute

(1) A covered voter who is registered to vote in this state may apply for a ballot using either the regular mail ballot application in use in the voter’s jurisdiction under article 13.5 of this title or the federal postcard application or the application’s electronic equivalent.

(2) A covered voter who is not registered to vote in this state may use a federal postcard application or the application’s electronic equivalent to apply simultaneously to register to vote under section 1-8.3-107 and for a ballot.

(3) The secretary of state shall ensure that the electronic transmission system described in section 1-8.3-104 (3) is capable of accepting the submission of both a federal postcard application and any other approved electronic ballot application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

(4) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a ballot simultaneously with the submission of the federal write-in absentee ballot.

(5) To receive the benefits of this article, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:

(a) The use of a federal postcard application or federal write-in absentee ballot;

(b) The use of an overseas address on an approved voter registration application or ballot application; and

(c) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.

(6) This article does not preclude a covered voter from voting under article 7.5 or 8 of this title.

(7) (a) Notwithstanding any other provision of this section, a covered voter in a hostile fire zone may provide to an officer, either verbally or in writing, the information required for the covered voter to apply for a ballot, and the officer may submit an application for a ballot on behalf of the covered voter. A county clerk and recorder shall accept an unsigned federal postcard application or an unsigned letter of application for a ballot that meets the requirements of this section if the officer submits with the application a signed statement that the covered voter in a hostile fire zone provided to the officer, either verbally or in writing, the information required to apply for a ballot.

(b) As used in this subsection (7), “covered voter in a hostile fire zone” means a covered voter, as that term is defined insection 1-8.3-102 (2) (a), who is located in an area that is designated as a hostile fire zone by the United States secretary of defense at the time he or she makes the request for a ballot.

 

Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 668, § 1, effective May 13.L. 2012: (7) added,(SB 12-062), ch. 97, p. 327, § 3, effective April 12.L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 73, § 40, effective February 18; (4) amended, (SB 14-161), ch. 160, p. 565, § 22, effective May 9.

 

Editor’s note: (1) Section 52 of chapter 2 (HB 14-1164), Session Laws of Colorado 2014, provides that changes to this section by the act apply to elections conducted on or after February 18, 2014.

(2) Section 34 of chapter 160 (SB 14-161), Session Laws of Colorado 2014, provides that changes to this section by the act apply to elections conducted on or after May 9, 2014.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.
 
OFFICIAL COMMENT

The reference in subsection (1) to the voter’s “jurisdiction” is a reference to the place where the voter is registered to vote. Both this section and section 1-8.3-107 are designed to encourage the use of the federal postcard application while yet allowing military and overseas voters to use a state’s pre-existing voter forms, and to permit states to develop alternative forms if they wish. However, the sections are not intended to require states or local election jurisdictions to revise their existing forms, or to prepare new forms for voters covered under this act. Instead, to the extent that a state’s existing forms do not collect sufficient information to properly classify overseas and military voters, subsection (5) requires voters who use the state forms to affirmatively indicate their status as a covered voter. The language in subsection (4) mirrors language in the first sentence of section 1-8.3-109, and allows covered voters in states with an existing absentee ballot application deadline that is closer than five days before election day to take advantage of that later deadline.
Annotation: June 13, 2016 5:45 pm

According to the rules, “Electronic Transmission” means:
(a) For the purpose of sending an unvoted ballot by fax, email, or online delivery to:
(1) A military or overseas elector under Article 8.3 of Title 1, C.R.S.
(2) An elector requesting a replacement for an emergency under section 1-7.5-115, C.R.S.
(3) An affected elector requesting a ballot because of a disaster emergency.
(b)For the purpose of returning a voted ballot to the county clerk fax or email.

Annotation: 5:29 pm

The rules define “electronic ballot” as a non-paper ballot such as on a touch screen or through audio feedback. After a voter casts an electronic ballot, the voter’s choices must be:
(a) Marked and printed on a paper ballot for subsequent counting by an optical scanner; or
(b) Digitally recorded and counted by the touch screen device, commonly referred to as a Direct Recording Electronic (DRE) device.

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 [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Overseas voter]

A United States citizen who is outside the United States. C.R.S. § 1-8.3-102.

Definition [Federal postcard application]

The application prescribed under section 101(b)(2) of the federal “Uniformed and Overseas Citizens Absentee Voting Act”, 42 U.S.C. sec. 1973ff(b)(2).1. C.R.S. § 1-8.3-102.

Definition [Federal write-in absentee ballot]

The ballot described in section 103 of the federal “Uniformed and Overseas Citizens Absentee Voting Act”, 42 U.S.C. sec. 1973ff-2.2. C.R.S. § 1-8.3-102.

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 [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.

Definition [Secretary]

The Colorado secretary of state. C.R.S. § 1-1.5-102.

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