1-7-115. Time in voting area
Overview of Statute
During the course of voting, eligible electors must cast a ballot without undue delay, especially when all booths are occupied, and leave the immediate voting area as soon as possible after casting a ballot. Electors, excluding election judges, also may not reenter the immediate voting area after casting a ballot.
Eligible electors shall cast their ballots without undue delay and shall leave the immediate voting area as soon as voting is complete. An eligible elector shall not enter a voting booth already occupied by another eligible elector. An eligible elector shall not occupy a voting booth for longer than the time determined by the secretary of state by rule if all the booths are in use and other eligible electors are waiting to use them. No eligible elector whose name has been entered on the pollbook shall be allowed to reenter the immediate voting area during the election, except an election judge.
Source: L. 92: Entire article R&RE, p. 737, § 9, effective January 1, 1993.L. 93: Entire section amended, p. 1766, § 7, effective June 6.L. 94: Entire section amended, p. 1163, § 35, effective July 1.L. 2007: Entire section amended, p. 1979, § 26, effective August 3.
Editor’s note: This section is similar to former § 1-7-304 (3) as it existed prior to 1992.
The rules define “immediate voting area” as the area that is within six feet of the voting equipment, voting booths, and the ballot box.
1. 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.
2. 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.
3. 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.
4. Definition for Secretary
The Colorado secretary of state. C.R.S. § 1-1.5-102.