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1-9-204. Oath of challenged elector

Statute

(1) An election judge shall tender an oath substantially in the following form: “I do solemnly swear or affirm that I have fully and truthfully answered all questions that have been put to me concerning my place of residence and my qualifications as an eligible elector at this election. I further swear or affirm that I am a citizen of the United States; that I will be of the age of eighteen years or older on election day; that I have been a resident of this state for at least twenty-two days immediately preceding this election and have not maintained a home or domicile elsewhere; that I am a registered elector in this precinct; that I am eligible to vote at this election; and that I have not previously voted at this election.”

(2) After the person has taken the oath or affirmation, a regular ballot shall be given to the person and an election judge shall write “sworn” on the pollbooks at the end of the person’s name.

 

 

Source: L. 80: Entire article R&RE, p. 383, § 1, effective January 1, 1981.L. 91: (1) amended, p. 638, § 78, effective May 1.L. 92: Entire article amended, p. 774, § 12, effective January 1, 1993.L. 94: (1) amended, p. 1771, § 33, effective January 1, 1995.L. 96: (1) amended, p. 1763, § 47, effective July 1.L. 99: (1) amended, p. 778, § 64, effective May 20.L. 2005: Entire section amended, p. 1420, § 43, effective June 6; entire section amended, p. 1455, § 43, effective June 6.L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 747, § 114, effective May 10.

 

Editor’s note: This section is similar to former § 1-8-105 as it existed prior to 1980.

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

(2) In 2013, subsection (1) was 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.

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 [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.