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colorado > Colorado Electoral Code > Challenges

1-9-203. Challenge questions asked person intending to vote

Statute

(1) (Deleted by amendment, L. 2005, pp. 1420, 1455, § § 42, 42, effective June 6, 2005.)

(2) If the person is challenged as not eligible because the person is not a citizen, an election judge shall ask the following question:

(a) Are you a citizen of the United States?

(b) (Deleted by amendment, L. 93, p. 1432, § 109, effective July 1, 1993.)

(3) If the person is challenged as not eligible because the person has not resided in this state for twenty-two days immediately preceding the election, an election judge shall ask the following questions:

(a) Have you resided in this state for the twenty-two days immediately preceding this election?

(b) Have you been absent from this state during the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?

(c) If so, when you left, was it for a temporary purpose with the intent of returning, or did you intend to remain away?

(d) Did you, while absent, look upon and regard this state as your home?

(e) Did you, while absent, vote in any other state or any territory of the United States?

(4) If the person is challenged as not eligible because the person will not be eighteen years of age or older on or before election day, an election judge shall ask the following question: To the best of your knowledge and belief, will you be eighteen years of age or older on election day?

(5) If the person is challenged as not eligible because the person is not a property owner or the spouse or civil union partner of a property owner, an election judge shall ask the following questions:

(a) Are you a property owner or the spouse or civil union partner of a property owner in this political subdivision and therefore eligible to vote?

(b) What is the address or, for special district elections where an address is not available, the location of the property which entitles you to vote in this election?

(6) An election judge shall put all other questions to the person challenged as may be necessary to test the person’s qualifications as an eligible elector at the election.

(7) If the person challenged answers satisfactorily the questions asked in accordance with this section and signs the oath pursuant to section 1-9-204, the election judge shall offer the person challenged a regular ballot, and the challenger may withdraw the challenge. The election judge shall indicate in the proper place on the challenge form whether the challenge was withdrawn or whether the challenged elector refused to answer the questions and left the polling location without voting a provisional ballot.

 

 

Source: L. 80: Entire article R&RE, p. 382, § 1, effective January 1, 1981.L. 91: (3) amended, p. 637, § 77, effective May 1.L. 92: Entire article amended, p. 773, § 12, effective January 1, 1993.L. 93: (2) and (5)(b) amended, p. 1432, § 109, effective July 1.L. 94: IP(3), (3)(a), and (3)(b) amended, p. 1771, § 32, effective January 1, 1995.L. 95: (3)(b) amended, p. 843, § 66, effective July 1.L. 2005: (1) and (7) amended, p. 1420, § 42, effective June 6; (1) and (7) amended, p. 1455, § 42, effective June 6.L. 2013: IP(5), (5)(a), and (7) amended, (HB 13-1303), ch. 185, p. 746, § 113, effective May 10.L. 2014: IP(3), (3)(a), (3)(b), and (4) amended, (SB 14-161), ch. 160, p. 566, § 24, effective May 9.

 

Editor’s note: This section is similar to former § 1-8-104 as it existed prior to 1980.

Cross references: (1) For oaths and affirmations generally, see article 12 of title 24.

(2) In 2013, the introductory portion to subsection (5) and subsections (5)(a) and (7) 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.
 
ANNOTATION

Annotator’s note. The following annotations include cases decided under former provisions similar to this section.

A voter can be challenged only for failure to meet the qualification of elector requirements. Sheldon v. Moffat Tunnel Comm’n, 335 F. Supp. 251 (D. Colo. 1971).

Thus a voter cannot be disenfranchised because he has not paid a property or other ad valorem tax on real estate. Sheldon v. Moffat Tunnel Comm’n, 335 F. Supp. 251 (D. Colo. 1971).

There is no method for verification or challenge of social security number submitted by a registrant. Meyer v. Putnam, 186 Colo. 132, 526 P.2d 139 (1974).
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 [Political subdivision]

A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.

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 [Person]

Any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Section 2(11) of article XXVIII of the state constitution.

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.

Cases

colorado Cases

Out-of-State Cases

Federal Cases

Case Name: Sheldon v. Moffat Tunnel Comm’n

Citation: 335 F. Supp. 251 (D. Colo. 1971)

Federal District Court: District of Colorado

Year: 1971

Case URL: https://www.ravellaw.com/opinions/6961b1011060025669bd5c2a25a73a77

Case Summary: Striking down a statute that limited franchise in an election for tunnel commissioners to citizens who paid property taxes. Court held that statute violated the equal protection clause of the Fourteenth Amendment. Effected voters were otherwise eligible electors in the state.

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