1-8.3-111. Timely casting of ballot
Statute
To be valid, a ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later than 7:00 p.m. mountain time on the date of the election.
Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13.
OFFICIAL COMMENT
Requiring that the ballot be completed by 12:01 a.m. local time on Election Day ensures that covered voters will not be able to cast a vote with knowledge of the election night returns of the jurisdiction whose ballot the voter is voting. One way in which a military-overseas ballot may be submitted for mailing by a uniformed service member is by giving the ballot to the mail clerk or designated service member responsible for handling mail for a particular unit of the uniformed services. Also allowing a valid ballot to be received by local officials through the close of the polls will increase the voting time available in those circumstances in which facsimile or other electronic transmission of voted ballots is permitted.
- Cross-References:
- Absentee Voting
- Mail-In & Absentee Voting
- Military & Overseas Voting
- Return Requirements
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.
1. Definition for 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.
2. Definition for Uniformed service
(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
(b) The merchant marine, the commissioned corps of the public health service, or the commissioned corps of the national oceanic and atmospheric administration of the United States; or
(c) The National Guard.
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.