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1-5-505. Election expenses to be paid by county

Overview of Statute

Except as provided in § 1-5-505.5, the county must cover election costs for general, primary, and congressional vacancy elections (including the cost of printing and supplies). In special legislative elections where the state senatorial or state representative district is comprised of one or more whole or parts of counties, the county that had the irregularities in votes cast must cover the cost of conducting a special legislative election.

Statute

(1) Except as provided in section 1-5-505.5, the cost of conducting general, primary, and congressional vacancy elections, including the cost of printing and supplies, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses.

(2) (a) For a special legislative election, if the state senatorial or state representative district in which the special legislative election is to be held is comprised of one or more whole counties or a part of one county and all or a part of one or more other counties, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of the county in which there were irregularities in the votes cast or counted at the general election for such district.

(b) If the state senatorial or state representative district in which the special election is to be held is comprised of a portion of one county, the cost of conducting a special legislative election, including the cost of printing and supplies, shall be a county charge of such county.

(c) The payment of such costs of a special legislative election shall be provided for in the same manner as the payment of other county expenses.

Source: L. 92: Entire article R&RE, p. 717, § 8, effective January 1, 1993.L. 99: Entire section amended, p. 1389, § 9, effective June 4.L. 2000: (1) amended, p. 655, § 1, effective August 2.

Editor’s note: This section is similar to former § 1-6-505 as it existed prior to 1992.

Cross references: For payment of county expenses, see part 1 of article 25 of title 30.
 
ANNOTATIONS

Holding that the counties are required under subsection (1) of this section to assume the cost of providing drop-off boxes for mail-in ballots at every polling place on election day in compliance with § 1-8-113 (1)(a), notwithstanding that this increase in service may create additional costs to the county. Subsection (1) and statute requiring state reimbursement to counties for costs associated with an increased level of service, § 29-1-304.5 (1), are in irreconcilable conflict. However, subsection (1), which pertains only to election funding, is more specific than the other statute, which broadly applies its reimbursement requirement to most existing state programs. Although § 29-1-304.5 (1) was adopted after subsection (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, subsection (1) should prevail over § 29-1-304.5 (1), rendering § 29-1-304.5 (1) inapplicable to the requirement that counties provide drop-off boxes for mail-in ballots at every polling place on election day under § 1-8-113 (1)(a). Gessler v. Doty, 2012 COA 4, 272 P.3d 1131.

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 [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 [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 [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

colorado Cases

Case Name: Gessler v. Doty

Citation: 272 P.3d 1131 (Colo. App. 2012)

Year: 2012

Case URL: https://www.ravellaw.com/opinions/d141e8d8079e38d604b330ba95912b3f

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.

Out-of-State Cases

Federal Cases

Regulations & Guidance