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Colorado > Colorado Electoral Code > Election Offenses

1-13-710. Voting twice – penalty

Statute

(1) Any voter who votes more than once or, having voted once, offers to vote again in the state, or, during a federal election, votes in this state and another state, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment.

(2) Nothing in this section prohibits a voter from voting in a special district election as a property owner in accordance with article 13.5 of this title or part 8 of article 1 of title 32, C.R.S.

 

Source: L. 80: Entire article R&RE, p. 434, § 1, effective January 1, 1981.L. 95: Entire section amended, p. 853, § 87, effective July 1.L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 748, § 120, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 589, § 71, effective May 18.

 

Editor’s note: This section is similar to former § § 1-13-137 and 1-30-101 as they existed prior to 1980.

Cross references: In 2013, this section 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.
 
ANNOTATION

Casting the first vote is an “act in furtherance of” committing the offense of voting twice, so venue is proper in both the county where the first vote was cast and the county where the offense actually occurred. People v. Shackley, 248 P.3d 1204 (Colo. 2011).

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 [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

Definition [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.

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

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