1-5-505.5. State reimbursement to counties for ballot measure elections
Overview of Statute
For the purposes of this section, “ballot issue” has the meaning provided in § 1-1-104(2.3) and “ballot question” has the meaning provided in § 1-1-104(2.7). For any election held in an odd numbered year where the only ballot item for a county is a state ballot issue, the state will reimburse the county for the costs incurred so long as the county can show that the costs were directly attributable to conducting the election except expenses related to the operation of the county clerk and recorder. For other elections including a ballot measure, the state will reimburse the county for costs of duties performed by the county clerk and recorder related to conducting the ballot measure at a set rate provided by statute.
(1) As used in this section, unless the context otherwise requires:
(a) “Ballot issue” shall have the same meaning as provided in section 1-1-104 (2.3).
(b) “Ballot question” shall have the same meaning as provided in section 1-1-104 (2.7).
(2) For an election held in an odd-numbered year pursuant to article 41 of this title in which the only item on the ballot of a particular county is a state ballot issue, the state shall reimburse such county for the costs incurred that are shown by such county to be directly attributable to conducting such election and shall not include any portion of the usual costs of maintaining the office of the clerk and recorder, including, without limitation, overhead costs and personal service costs of permanent employees.
(3) For any other odd- or even-numbered year election in which a state ballot issue or state ballot question is on the ballot of a particular county, the state shall reimburse such county for the cost of the duties performed by the county clerk and recorder that relate to conducting the election on the ballot issue or ballot question; except that the reimbursement shall be set at the following rates:
(a) For counties with ten thousand or fewer active registered electors, ninety cents for each active registered elector as of the time of the election;
(b) For counties with more than ten thousand active registered electors, eighty cents for each active registered elector as of the time of the election.
(4) The general assembly shall make appropriations to the department of state from the department of state cash fund or from the general fund for the purpose of reimbursing counties under the terms of this section in conformity with section 24-21-104.5, C.R.S.
Source: L. 2000: Entire section added, p. 655, § 2, effective August 2.L. 2006: (3) amended, p. 2032, § 10, effective June 6.L. 2012: (3) amended, (HB 12-1143), ch. 231, p. 1014, § 1, effective May 29.
1. Definition for Ballot issue
A nonrecall, citizen-initiated petition or legislatively-referred
measure which is authorized by the state constitution, including a question as defined in sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.
2. 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.
3. Definition for Title
A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.
4. 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.
5. 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.
6. 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.
7. 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.
Case Name: Gessler v. Doty
Citation: 272 P.3d 1131 (Colo. App. 2012)
Case Summary: Holding that county could not decline to comply with the statutory requirement that the county provide drop-off boxes for mail-in ballots at every polling place on election day.