HOUSE BILL 971235
BY REPRESENTATIVES Sullivant, G. Berry, and Taylor;
also SENATOR J. Johnson.
CONCERNING ELECTION BALLOTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 15403
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
15403. Content of ballots
for general and congressional vacancy elections.
(1) The county clerk and recorder of each county using
paper ballots or electronically counted ballot cards shall provide
printed ballots for every PRIMARY, ODDNUMBERED YEAR, general,
or congressional vacancy election. The official ballots shall
be printed and in the possession of the county clerk and recorder
at least thirty
NOT LESS THAN THIRTYTWO days before every PRIMARY, ODDNUMBERED
YEAR, congressional vacancy, election,
and for every
general election. at least fifteen
days after the county clerk and recorder receives from the secretary
of state the notice provided for in section 15203.
SECTION 2. 15407
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended, and the said 15407 is further amended BY
THE ADDITION OF A NEW SUBSECTION, to read:
15407. Form of ballots.
(1) EXCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS
SECTION, the extreme top part of each ballot shall
MAY be divided into two spaces by two perforated or dotted lines.
Each space shall be not less than one inch wide. The top portion
is called the stub, and the next portion is called the duplicate
stub. The same number shall be printed upon both the stub and
the duplicate stub. All ballots shall be numbered consecutively.
All ballots shall be uniform and of sufficient length and width
to allow for the names of candidates, officers, ballot issues,
and ballot questions to be printed in clear, plain type, with
a space of at least onehalf inch between the different columns
on the ballot. On each ballot shall be printed the endorsement
"Official ballot for ......................", and after
the word "for" shall follow the designation of the precinct,
if appropriate, and the political subdivision for which the ballot
is prepared, the date of the election, and a facsimile of the
signature of the election official. The ballot shall contain no
caption or other endorsement, except as provided in this section.
The election official shall use precisely the same quality and
tint of paper, the same kind of type, and the same quality and
tint of plain black ink for all ballots prepared for one election.
(1.5) A DUPLICATE STUB IS NOT REQUIRED
FOR A BALLOT THAT IS PREPARED FOR A MAIL BALLOT ELECTION PURSUANT
TO ARTICLE 7.5 OF THIS TITLE.
SECTION 3. 15408
(4), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
15408. Form of ballots
electronic voting. (4) In
precincts using electronic voting systems, each ballot card shall
MAY have two stubs attached. The stubs shall be separated from
the ballot card and from each other by perforated lines so that
they may be readily detached. Both stubs shall have the serial
ballot number printed on them. The size of the ballot stubs and
the spacing of the printed material may be varied to suit the
conditions imposed by the use of the ballot cards. The ballot
stub may also include color marking or wording to indicate that
the stub must show when the ballot is voted and placed in the
privacy envelope for deposit in the ballot box. The face of the
ballot card shall include the endorsement "Official ballot
for ....................", and after the word "for"
shall follow the designation of the precinct, if appropriate,
and the political subdivision for which the ballot is prepared,
the date of the election, and a facsimile of the signature of
the designated election official.
SECTION 4. 17502,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
to read:
17502. Elector given only
one ballot or ballot card. An
election judge shall give to each eligible elector only one ballot
or ballot card, which shall be removed from the package by tearing
it along the perforated line between
BELOW the stub. and duplicate stub.
The election judge having charge of the ballots or ballot cards
shall endorse the election judge's initials on the duplicate stub
before delivering the ballot or ballot card to the eligible elector.
The election judge having charge of the pollbook shall write the
name of the eligible elector and the number of the ballot or ballot
card upon the pollbook.
SECTION 5. 17503
(1) and (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
are amended to read:
17503. Manner of voting.
(1) Each eligible elector, upon receiving a ballot,
shall immediately proceed unaccompanied to one of the voting booths
provided. To cast a vote, the eligible elector shall clearly mark
or stamp in the appropriate square or place a cross mark (X) opposite
the name of the candidate or the names of the joint candidates
of the elector's choice for each office to be filled. In the case
of a ballot issue, the elector shall clearly mark or stamp in
the appropriate square or place a cross mark (X) opposite the
answer which the elector desires to give. Before leaving the voting
booth, the eligible elector, without displaying the marks thereon,
shall place the ballot in the privacy envelope so that the contents
of the ballot or ballot card are concealed and
the stub can be removed without exposing any of the contents of
the ballot or ballot card, and shall
place the envelope and the ballot or ballot card in the ballot
box.
(2) Each eligible elector who has prepared
the ballot and is ready to vote shall then leave the voting booth
and approach the election judges having charge of the ballot box.
The eligible elector shall give his or her name to one of the
election judges. who shall clearly
and audibly announce it in a loud and distinct tone of voice.
The elector's ballot or ballot card shall be handed to the election
judge in charge of the ballot box, who shall announce the name
of the eligible elector and the number upon the duplicate stub
of the ballot or ballot card, which number shall correspond with
the stub number previously placed on the registration list. If
the stub number of the ballot or ballot card corresponds and is
identified by the initials that the issuing election judge placed
thereupon, the election judge shall then remove the duplicate
stub from the ballot or ballot card. The ballot or ballot card
shall then be returned by the election judge to
The elector who
shall, in full view of the election judges, deposit it
THE BALLOT OR BALLOT CARD in the ballot box, with the official
endorsement on the ballot or ballot card facing upward.
SECTION 6. 17.5107
(3) (a) and (3) (c), Colorado Revised Statutes, 1980 Repl. Vol.,
as amended, are amended to read:
17.5107. Procedures for
conducting mail ballot election. (3) (a) Not
sooner than twentyfive days before an election, and no later
than fifteen days before an election, the designated election
official shall mail to each eligible
ACTIVE REGISTERED elector, at the last mailing address appearing
in the registration records and in accordance with United States
postal service regulations, a mail ballot packet, which shall
be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED",
or any other similar statement that is in accordance with United
States postal service regulations; except that with prior approval
from the secretary of state, the packets shall be sent no later
than ten days before election day.
(c) No sooner than twentyfive days
prior to election day, nor later than 7 p.m. on election day,
mail ballots shall be made available at the designated election
official's office, or the office designated in the mail ballot
plan filed with the secretary of state, for eligible electors
who are not listed OR WHO ARE LISTED AS "INACTIVE" on
the county voter registration records or, for special district
mail ballot elections, on the list of property owners or the registration
list but who are authorized to vote pursuant to section 321806,
C.R.S., or other applicable law.
SECTION 7. 18106,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
to read:
18106. Verification of
registration of absent elector. Upon
receipt of an application for an absentee ballot within the proper
time, the designated election official shall examine the records
of eligible electors to ascertain whether or not the applicant
is eligible to vote as requested. If the applicant is eligible,
the designated election official, either personally in the office
of the designated election official or by mail to the mailing
address given in the application, shall deliver an official absentee
ballot, a return envelope with the
affidavit properly filled in INFORMATION
as to precinct and residence address as shown by the records in
the office, and an instruction card.
SECTION 8. 18107
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
18107. Absentee registration
record. (1) Before any absentee
ballot is delivered or mailed or before any eligible elector is
permitted to cast a vote at an election where the county clerk
and recorder is the designated election official, the designated
election official shall write or stamp
RECORD the number appearing on the
stub of the ballot, on
the elector's registration record,
together with the date the ballot is delivered or mailed. The
supply judge for the absentee elector's precinct shall receive
the list of absentee ballots prepared pursuant to section 18108.
Absentee electors for each precinct shall be recorded on the precinct
registration list for use at the polls as provided in section
15302.
SECTION 9. 18108,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
to read:
18108. List of absentee
ballots. The designated election
official shall keep a list of names and precinct numbers of eligible
electors applying for absentee ballots, together with the date
on which each application was made, the date on which the absentee
ballot was sent AND the date on which each absentee ballot was
returned. and the number appearing
on the stub of each absentee ballot.
If an absentee ballot is not returned or if it is rejected and
not counted, that fact shall be noted on the list. The list is
open to public inspection under proper regulations.
SECTION 10. 18111
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
18111. Delivery of absentee
ballot and replacement absentee ballots.
(1) The absentee ballot and other materials shall be
delivered or mailed to the absentee elector within seventytwo
hours after the receipt of the application, if the official ballots
are then printed, or, if not then printed, within seventytwo
hours after the printed ballots are delivered to the designated
election official. If the absentee ballot and other materials
are mailed, the envelope shall be marked "DO NOT FORWARD."
ADDRESS CORRECTION REQUESTED."
or by any other similar statement that is in accordance with United
States postal service regulations.
SECTION 11. 18112
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
18112. Voting at group
facilities. (1) When more than
five absentee ballots are to be sent to the same group residential
facility within a county, which includes but is not limited to,
nursing homes and senior citizen housing facilities, the
county chairpersons of the two major political parties shall be
notified by the county clerk and recorder, and, upon request of
either major political party, a committee
consisting of one employee of the county clerk and recorder and,
a representative of each
WHERE AVAILABLE, A REPRESENTATIVE APPOINTED BY EACH OF THE major
political party
PARTIES shall deliver the absentee ballots and return those ballots
to the office of the county clerk and recorder.
SECTION 12. 18113
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
18113. Manner of absentee
voting. (2) Upon receipt of
an absentee ballot from an eligible elector, the designated election
official shall write or stamp upon the envelope containing the
ballot the date and hour
the envelope was received in the office. and,
if the ballot was delivered in person, the name and address of
the person delivering it. The designated
election official shall safely keep and preserve all absentee
ballots unopened in a ballot box or transfer case that is locked
and secured with a numbered seal until the time prescribed for
delivery to the supply judge in accordance with section 18303.
SECTION 13. 18115
(2) and (3), Colorado Revised Statutes, 1980 Repl. Vol., as amended,
are amended to read:
18115. Emergency absentee
voting. (2) Any eligible elector,
including any election official, who is unable to go to the polls
because of conditions arising after the closing date for absentee
ballot applications which will result in the elector's absence
from the precinct on election day, may apply at the office of
the designated election official for an emergency absentee ballot.
Upon receipt of an affidavit signed by the elector on a form provided
by the designated election official and attesting to the fact
that the elector will be absent from the precinct on election
day because of conditions arising after the last day to apply
for an absentee ballot, the designated election official shall
provide the elector with an absentee ballot with the word "EMERGENCY"
stamped on the stubs. The request for the ballot shall be made
by 5 p.m. on the day of the election,
and the ballot shall be voted at the designated election official's
office or outside of the office and returned by 7 p.m. on the
day of the election.
(3) After marking the ballot, the eligible
elector shall place it in a return envelope provided by the designated
election official. The elector shall then fill out and sign the
selfaffirmation on the envelope, as provided in section
18114, on or before election day and return it to
the office of the designated election official. Upon receipt of
the envelope, the designated election official shall verify the
elector's name on the return envelope with
that which appears on the office precinct record and, if they
compare, AND shall deposit the envelope
in the office in a ballot box that is locked and secured with
a numbered seal.
SECTION 14. 18202,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
to read:
18202. When eligible electors
may vote by early ballot. Early
voting shall be made available to any eligible elector in the
manner provided in this part 2 during regular business hours FOR
TEN DAYS BEFORE THE PRESIDENTIAL PRIMARY ELECTION AND THE PRIMARY
ELECTION AND for twentyone
FIFTEEN days before any presidential
primary election, primary election,
general election or other November election conducted by the county
clerk and recorder. unless
The board of county commissioners MAY by resolution increases
INCREASE the hours that the early voters' polling place may be
open. Eligible electors who appear in person at the early voters'
polling place during this time may cast their ballots in the same
manner as any ballot would be cast in a precinct polling place
on election day.
SECTION 15. 18204,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
to read:
18204. Early voters' polling
place. Each county clerk and recorder
shall provide one or more early voters' polling places, each of
which shall be accessible to persons with disabilities and which
shall be provided with online computer accessibility to
the county clerk and recorder, suitable quarters, ballot boxes
or voting machines, and other necessary supplies as provided by
law in the case of precinct polling places. IN THE EVENT THE COUNTY
CLERK AND RECORDER DETERMINES THAT THE NUMBER OF EARLY VOTERS'
POLLING PLACES IS INSUFFICIENT DUE TO THE NUMBER OF ELIGIBLE ELECTORS
WHO ARE VOTING BY EARLY BALLOT, THE COUNTY CLERK AND RECORDER
MAY ESTABLISH ADDITIONAL EARLY VOTERS' POLLING PLACES FOR THE
CONVENIENCE OF ELIGIBLE ELECTORS WISHING TO VOTE AT SUCH POLLING
PLACES. THE COUNTY CLERK AND RECORDER SHALL GIVE ADEQUATE NOTICE
TO ELIGIBLE ELECTORS OF SUCH ADDITIONAL EARLY VOTERS' POLLING
PLACES.
SECTION 16. 18304
(1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
18304. Preparing to count
absentee ballots rejections. (1) Before
opening any absentee ballot, one of the receiving judges, in the
presence of a majority of the receiving judges shall
announce in an audible voice the name of the absentee voter and
shall inspect the selfaffirmation on the return envelope.
For the ballot to be counted, the selfaffirmation must have
been completed by the elector or a person acting in the elector's
behalf, and must have been signed by the elector. If these requirements
are met and the selfaffirmation appears complete and correct,
the receiving judge shall tear open the envelope without defacing
the selfaffirmation or mutilating the enclosed ballot. One
of the election judges shall enter OR VERIFY the name of the absentee
voter in the pollbook, and another election judge shall deposit
the ballot in the ballot box.
SECTION 17. 140115
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
140115. Ballot voting publication. (2) All ballot issues shall be printed on the official ballot in that order, together with their respective letters and numbers prefixed in boldfaced type. Each ballot shall have the following explanation PRINTED ONE TIME at the beginning of such measures: "Measures referred by the general assembly or any political subdivision are listed by letter, and measures initiated by the people are listed numerically. A 'yes' vote on any measure is a vote in favor of changing constitutional or statutory law, and a 'no' vote on any measure is a vote against changing constitutional or statutory law." Each ballot title shall appear on the official ballot but once and shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "yes" and "no" with blank spaces to the right and opposite the same as follows:
Measures referred by the general assembly
or any political subdivision are listed by letter, and measures
initiated by the people are listed numerically. A "yes"
vote on any measure is a vote in favor of changing constitutional
or statutory law, and a "no" vote on any measure is
a vote against changing constitutional or statutory law.
(HERE SHALL APPEAR THE
BALLOT TITLE IN FULL)
YES
NO
SECTION 18. Effective
date applicability. (1) This act shall take
effect at 12:01 a.m. on the day following the expiration of the
ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to elections conducted on or after the applicable effective date
of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO