1-13.5-1006. Manner of absentee voting by paper ballot
Statute
(1) Any eligible elector applying for and receiving an absentee voter’s ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely. The envelope may be delivered personally or mailed by the voter to the designated election official issuing the ballot. It is permissible for a voter to deliver the ballot to any person of the voter’s own choice or to any duly authorized agent of the designated election official for mailing or personal delivery to the designated election official. To be counted, all envelopes containing absentee voter’s ballots must be in the hands of the designated election official or an election judge for the local government not later than 7 p.m. on election day.
(2) Upon receipt of an absentee voter’s ballot, the designated election official or an election judge shall write or stamp on the envelope containing the ballot the date and hour that the envelope was received and, if the ballot was delivered in person, the name and address of the person delivering the same. The designated election official or election judge shall safely keep and preserve all absentee voter’s ballots unopened until the time prescribed for delivery to the judges as provided in section 1-13.5-1008.
Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 40, § 6, effective February 18.
ANNOTATION
I. General Consideration.
II. Casting Absentee Ballots.
III. Duty of Election Official.
I.GENERAL CONSIDERATION.
Annotator’s note. The following annotations include cases decided under former provisions similar to this section.
Statutory requirement that state reimburse counties for costs associated with an increased level of service found in § 29-1-304.5 (1) inapplicable to requirement in subsection (1)(a) of this section that counties must provide drop-off boxes for mail-in ballots at every polling place on election day, notwithstanding that this increase in service may create additional costs to the county. Statute requiring that the costs of conducting an election be a county charge, § 1-5-505 (1), is in irreconcilable conflict with § 29-1-304.5 (1). However, § 1-5-505 (1), which pertains only to election funding, is more specific than § 29-1-304.5 (1), which broadly applies its reimbursement requirement to most existing state programs. Although § 29-1-304.5 (1) was adopted after § 1-5-505 (1), there is no manifest intent that it should prevail in a conflict with the other statute. Rather, the intent of the legislature was to prioritize citizens’ access to free and fair elections over convenience or cost savings to counties. Thus, § 1-5-505 (1) should prevail over § 29-1-304.5 (1), making the unfunded mandate requirement inapplicable to the requirement of this section that counties provide drop-off boxes for mail-in ballots at every polling place on election day. Gessler v. Doty, 2012 COA 4, 272 P.3d 1131.
II.CASTING ABSENTEE BALLOTS.
A voter wishing to cast an absentee vote must comply with all the statutory demands, and the power of the board of elections is held within those lines. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
Absentee voting is in derogation of the general election law and should be strictly construed. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
For a strict construction of prescribed procedures is necessary to safeguard the exercise of the elective franchise. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
And the general assembly undoubtedly intended that a voter be held to a strict performance of the prescribed absentee voting procedures. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
Thus, execution by a voter of the affidavit is a mandatory precedent to the right to so vote, and if not furnished, the ballot should not be counted. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
However, objection to method of casting vote not considered where vote not mentioned in statement of contest. Israel v. Wood, 98 Colo. 495, 56 P.2d 1324 (1936).
III.DUTY OF ELECTION OFFICIAL.
Voter cannot be disenfranchised for clerk’s mistake. A voter who has performed every act required of him cannot be disenfranchised because of irregularities or mistakes of the county clerk. Kellogg v. Hickman, 12 Colo. 256, 21 P. 325 (1888); Lehman v. Pettingell, 39 Colo. 258, 89 P. 48 (1907); Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
Election officials are presumed to comply with the law. Bullington v. Grabow, 88 Colo. 561, 298 P. 1059 (1931).
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 Return envelope
An envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. C.R.S. § 1-7.5-103.
3. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
4. 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.
5. 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.
6. Definition for 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.
7. Definition for Section
A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
8. 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.