1-8.3-109. Timeliness of application for ballot
If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election.
Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13.L. 2014: Entire section amended, (SB 14-161), ch. 160, p. 565, § 23, effective May 9.
Editor’s note: 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.
Many states accept regular absentee ballot applications up until just a few days before an election, or later. Because military and overseas voters can use electronic transmission methods both to request and to receive blank ballots, this section allows them to take advantage of an application deadline close to the election.
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.
The rules define a “blank ballot” as a ballot on which the voter has made no marks in any voting position, has marked with an unreadable marker, or has consistently marked outside of the “read” area of the optical scanner.
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.