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colorado > Colorado Electoral Code > Conduct of Elections

1-7-111. Electors requiring assistance

Overview of Statute

Election judges must assist any registered elector who requests help with voting due to disability, an inability to read or write, or a language barrier. These electors may also elect to instead receive assistance from someone they select. Any person assisting electors must first sign an affirmation confirming that the elector requested the services and no influence will be exerted over the elector’s vote.

Statute

(1) (a) If at any election, any registered elector declares to the election judges that, by reason of disability, inability to read or write, or difficulties with the English language, he or she is unable to prepare the ballot or operate the voting device or electronic voting device without assistance, the elector is entitled, upon making a request, to receive the assistance of any one of the election judges or, at the elector’s option, any person selected by the eligible elector requiring assistance.

(b) Any person other than an election judge who assists an eligible elector in the precinct in casting his or her ballot shall first complete the following voter assistance self-affirmation form: “I, ……………….., certify that I am the individual chosen by the elector to assist the elector in casting a ballot. I further certify that I will not in any way attempt to persuade or induce the elector to vote in a particular manner, nor will I cast the elector’s vote other than as directed by the elector I am assisting.”.

(2) and (3) Repealed.

 

Source: L. 92: Entire article R&RE, p. 735, § 9, effective January 1, 1993.L. 93: Entire section amended, p. 1417, § 68, effective July 1.L. 96: (2) amended, p. 1773, § 78, effective July 1.L. 2000: (1) amended, p. 1086, § 2, effective May 26.L. 2004: (1)(a) amended, p. 1358, § 17, effective May 28.L. 2007: (2) amended, p. 1779, § 15, effective June 1.L. 2012: (1)(a) and (1)(b) amended, (HB 12-1292), ch. 181, p. 684, § 26, effective May 17.L. 2013: (2) amended and (3) repealed,(HB 13-1303), ch. 185, p. 719, § 64, effective May 10.L. 2014: (1)(a) and (1)(b) amended and (2) repealed, (SB 14-161), ch. 160, p. 562, § 14, effective May 9.

 

Editor’s note: This section is similar to former § 1-7-108 as it existed prior to 1992.

Cross references: (1) For disclosing or identifying vote, see § 1-13-712.

(2) For the legislative declaration contained in the 2004 act amending subsection (1)(a), see section 1 of chapter 334, Session Laws of Colorado 2004.

(3) In 2013, subsection (2) was amended and subsection (3) was repealed 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

Annotator’s note. The following annotations include cases under former provisions similar to this section.

Election returns should be rejected where unauthorized persons were permitted to enter the voting booths with voters to assist them in marking their ballots when no assistance was asked for and no oath of the voter that he needed or desired assistance. People v. Lindsey, 80 Colo. 465, 253 P. 465 (1927).

Person not an election judge may assist. Where a verified statement of contest alleges, as ground for contesting a vote, that the election judges permitted a person who was not an election judge to assist the voter in marking his ballot, the guidelines for assistance of a disabled voter are controlling and the vote is not open to the objection that the voter had been assisted by a person not an election judge. Israel v. Wood, 98 Colo. 495, 56 P.2d 1324 (1936).

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 [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 [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.

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: Israel v. Wood

Citation: 56 P.2d 1324 (Colo. 1936)

Year: 1936

Case URL: https://perma.cc/AY3J-SNPK

Case Summary: Affirming a judgment related to improper voting, despite potential mootness problems caused by the completion of the term of office and holding that certain votes were properly cast in the contested election.

Out-of-State Cases

Federal Cases