(1) This code applies to all general, primary, congressional vacancy, school district, special district, ballot issue, and other authorized elections unless otherwise provided by this code. This code applies to any municipal election conducted as part of a coordinated election except to the extent that this code conflicts with a specific charter provision. Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of this code in lieu of the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S., with respect to any election.
(2) For elections that must be coordinated pursuant to section 20 (3) (b) of article X of the Colorado constitution where the enabling legislation does not require that the electors be registered electors, the political subdivision may conduct its elections pursuant to the enabling legislation but it must assure that the notice required by part 9 of article 7 of this title is provided to the election official responsible for publishing the ballot issue notice.
Source: L. 92: Entire article R&RE, p. 624, § 1, effective January 1, 1993.L. 93: Entire section amended, p. 1393, § 1, effective July 1.L. 94: (2) amended, p. 1149, § 1, effective July 1.
Editor’s note: This section is similar to former § 1-1-102 as it existed prior to 1992.
Cross references: For the definitions of “general election”, “primary election”, and “congressional vacancy election”, see § § 1-1-104 (17), 1-1-104 (32), and 1-1-104 (5), respectively.
The term “election” is not separately defined in this code. However, section 1-1-103 provides definitions for specific types of elections, such as: congressional vacancy election, coordinated election, general election, nonpartisan election, partisan election, primary election, special election, and special legislative election.
“This code” refers only to the “Uniform Election Code of 1992”, Articles 1 to 13 of Title 1. There are other election codes. For example, the “Colorado Local Government Election Code” is found at Article 13.5 of Title 1. The “Colorado Municipal Election Code of 1965” is found at sections 31-10-101 et seq. Also, there are many election provisions found outside of these election codes. For example, Article 40 of Title 1 governs Initiatives and Referenda. Thus, care must be exercised to be in the correct body of law for the type of election issue being researched.
1. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
2. 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.
3. 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.