This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980605.01 BJA
SENATE BILL 98145
STATE OF COLORADO
BY SENATOR Reeves;
also REPRESENTATIVE Allen.
REREVISED
STATE, VETERANS & MILITARY
AFFAIRS
A BILL FOR AN ACT
CONCERNING ELECTION JUDGES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Changes the eligibility qualifications for election judges by allowing registered electors who reside in the county to serve as election judges for partisan elections in any precinct in the county and by prohibiting a candidate or member of a candidate's immediate family from serving as an election judge in the candidate's precinct. Requires that an election judge in a nonpartisan election that is not coordinated by the county clerk and recorder be a registered elector of the political subdivision for which the election is being held.
Requires those persons recommended as election judges by the county chairperson of a major political party to complete and file an acceptance form with the county clerk and recorder or the designated election official. Relocates the requirement that a county clerk and recorder and the designated election official hold a class of instruction concerning the tasks of an election judge and a special school of instruction concerning the tasks of a supply judge not more than 15 days prior to each election. Requires each person appointed as an election judge to attend the class of instruction prior to each election in which the person will serve as an election judge.
For partisan elections, relocates the provision that allows a precinct committeeperson to submit a list of registered electors recommended to serve as election judges and an order of preference for those registered electors directly to the county clerk and recorder if there is no county chairperson.
Specifies the term duration for election judges. Provides for the appointment of election judges if the county chairperson or committeeperson does not submit enough names.
Relocates and modifies the method by which the designated election official and the persons appointed as election judges confirm those appointments. Requires the designated election official to make a master list of election judges who accept the appointments.
Establishes the method by which the major political parties divide election judges in oddnumbered precincts.
Relocates the requirement that the designated election official appoint a supply judge and establishes the duties for that judge. Relocates and modifies the method by which an odd number of supply judges is to be allocated between the two major political parties. Relocates the requirement that the supply judge attend a special school of instruction prior to the election.
Sets forth the number of election judges appointed as polling place judges for partisan and nonpartisan elections. Authorizes the designated election official and, for partisan elections, the county clerk and recorder to appoint additional election judges as needed to perform other duties.
Modifies the compensation provisions for election judges and supply judges.
Authorizes the county chairperson of a major political party to preemptively remove an election judge who is not faithfully or fairly representing the party or who has moved from the county rather than the county clerk and recorder. Relocates the provisions authorizing the designated election official to remove an election judge for cause. Relocates the provisions for the filling of election judge vacancies.
Relocates and modifies the provisions authorizing the county clerk and recorder to combine precincts and polling places for coordinated elections. Relocates the provisions authorizing the election judges to move the polling place in an emergency and setting forth the procedure should such a move become necessary.
Clarifies that service as an election judge is not employment.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 16101, Colorado Revised Statutes, is amended to read:
16101. Definitions qualifications for election judges. (1) AS USED IN THIS PART 1, "ELECTION JUDGE" MEANS A REGISTERED ELECTOR APPOINTED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTED OFFICIAL TO PERFORM THE ELECTION DUTIES ASSIGNED BY THE COUNTY CLERK AND RECORDER OR DESIGNATED ELECTION OFFICIAL.
(1) (2) The
persons nominated
APPOINTED as election judges shall certify in writing that they
meet the following qualifications:
(a) They are eligible
REGISTERED electors who reside in the required
precinct or political subdivision,
unless otherwise excepted, and are willing to serve;
(b) They are physically and mentally able
to perform AND COMPLETE the required
ASSIGNED tasks;
(c) They will attend a class of instruction concerning the tasks of an election judge PRIOR TO EACH ELECTION;
(d) They have never been convicted of election fraud, any other election offense, or fraud; AND
(e) THEY ARE NEITHER A CANDIDATE WHOSE NAME APPEARS ON THE BALLOT IN THE PRECINCT THAT THEY ARE APPOINTED TO SERVE NOR A MEMBER OF THE IMMEDIATE FAMILY, RELATED BY BLOOD OR MARRIAGE TO THE SECOND DEGREE, OF A CANDIDATE WHOSE NAME APPEARS ON THE BALLOT IN THE PRECINCT THAT THEY ARE APPOINTED TO SERVE.
(2) (3) With
regard to any nonpartisan election THAT IS NOT COORDINATED BY
THE COUNTY CLERK AND RECORDER, THE ELECTION JUDGE SHALL BE A REGISTERED
ELECTOR OF THE POLITICAL SUBDIVISION FOR WHICH THE ELECTION IS
BEING HELD. If enough election judges
who are eligible REGISTERED electors
of the political subdivision are not available, then the appointing
authority may appoint election judges who are registered electors
of the state.
(3) For coordinated elections,
the county clerk and recorder may combine precincts and polling
places and may use the same election judges.
(4) The certification
of qualification shall be completed prior to the person serving
as an election judge. BEFORE SERVING
AS AN ELECTION JUDGE, THE PERSONS RECOMMENDED AS ELECTION JUDGES
IN ACCORDANCE WITH SECTIONS 16102 AND 16103
SHALL COMPLETE AND FILE AN ACCEPTANCE FORM WITH THE COUNTY CLERK
AND RECORDER OR OTHER DESIGNATED ELECTION OFFICIAL AS PROVIDED
IN SECTION 16106. The certifications
ACCEPTANCE FORMS may be kept on file with the county clerk and
recorder or other designated election official for up to two years
from the date of signing the certification
ACCEPTANCE FORM.
(5) THE COUNTY CLERK AND RECORDER OR THE DESIGNATED ELECTION OFFICIAL SHALL HOLD A CLASS OF INSTRUCTION CONCERNING THE TASKS OF AN ELECTION JUDGE AND A SPECIAL SCHOOL OF INSTRUCTION CONCERNING THE TASK OF A SUPPLY JUDGE NOT MORE THAN TWENTY DAYS PRIOR TO EACH ELECTION.
(6) EACH PERSON APPOINTED AS AN ELECTION JUDGE SHALL ATTEND THE CLASS OF INSTRUCTION PRIOR TO EACH ELECTION IN WHICH THE PERSON WILL SERVE AS AN ELECTION JUDGE.
SECTION 2. 16102, Colorado Revised Statutes, is amended to read:
16102. List furnished by
precinct committeepersons. (1) Not
NO later than ten days after the precinct caucus in evennumbered
years, the committeepersons of each precinct from each major political
party shall submit to the county chairpersons of their respective
political parties a list recommending
THAT WAS INITIATED AT THE PRECINCT CAUCUS AND THAT RECOMMENDS
registered electors as election judges. These
THE registered electors RECOMMENDED AS ELECTION JUDGES must reside
in the precinct and have a current affiliation with the political
party shown on the registration books
of the county clerk and recorder
THAT HELD THE PRECINCT CAUCUS.
(2) IF THERE IS NO COUNTY CHAIRPERSON, THE COMMITTEEPERSON OF EACH PRECINCT SHALL SUBMIT THE LIST THAT WAS INITIATED AT THE PRECINCT CAUCUS AND THAT RECOMMENDS REGISTERED ELECTORS AS ELECTION JUDGES DIRECTLY TO THE COUNTY CLERK AND RECORDER. If a precinct has no committeeperson, the district captain, if any, shall submit the list of recommended election judges to the county chairperson OR COUNTY CLERK AND RECORDER, AS APPROPRIATE.
SECTION 3. 16103, Colorado Revised Statutes, is amended to read:
16103. Recommendations
by county chairperson. (1) No
later than the last Tuesday of April in evennumbered years,
the county chairperson of each major political party in the county
shall certify to the county clerk and recorder the names and addresses
of REGISTERED electors recommended to serve as election judges
in FOR
each precinct in the county.
(2) The county chairperson, OR, IF THERE
IS NO COUNTY CHAIRPERSON, THE COMMITTEEPERSONS WHO SUBMITTED THE
LIST OF REGISTERED ELECTORS IN ACCORDANCE WITH SECTION 16102
(2) shall designate the order of preference of the names of the
REGISTERED electors recommended to serve as election judges for
each precinct. and
The county clerk and recorder shall select election judges from
each precinct list in the county chairperson's, OR, IF THERE IS
NO COUNTY CHAIRPERSON, THE COMMITTEEPERSON'S, order of preference.
If the county chairperson certifies
an order which is different from that submitted by the precinct
committeepersons, a copy of the list submitted by the precinct
committeepersons shall be attached to the certification which
the county chairperson gives to the county clerk and recorder.
(3) In recommending eligible
REGISTERED electors as election judges, the county chairperson
shall
MAY select only names from the
list submitted by the precinct committeepersons. If
the precinct committeepersons do not furnish enough names to the
county chairperson, HOWEVER,
The
THE county chairperson may recommend
additional eligible
REGISTERED electors to the county clerk and recorder in
which case the precinct residence requirement may be waived
IF THE PRECINCT COMMITTEEPERSONS DO NOT PROVIDE
ENOUGH NAMES TO THE COUNTY CHAIRPERSON.
(4) If the
county has no county chairperson or vicechairperson, the
county clerk and recorder shall appoint election judges by obtaining
lists of qualified eligible electors from the precinct committeepersons.
If the precinct has no precinct committeepersons or captains,
the county clerk and recorder may select eligible electors representing
the two major political parties, in which case the precinct residence
requirement may be waived.
(5) If the
county chairperson does not submit any names or submits insufficient
names for election judges for a precinct prior to the time for
issuing certificates of appointment, the county clerk and recorder
shall appoint the election judges, following the party affiliation
requirements of section 16109.
SECTION 4. 16104, Colorado Revised Statutes, is amended to read:
16104. Appointment of election
judges by the county clerk and recorder and designated election
officials. (1) No
later than the last Tuesday in May in evennumbered years FOR
EACH ELECTION COORDINATED BY THE COUNTY CLERK AND RECORDER, the
county clerk and recorder shall complete
appointments of APPOINT election
judges for each precinct in the county. The
term of office of election judges shall be two years from the
date of appointment. AN
ELECTION JUDGE FOR A PRECINCT SHALL SERVE FOR A TWOYEAR
PERIOD BEGINNING ON THE LAST TUESDAY OF MAY IN EVENNUMBERED
YEARS AND ENDING ON THE LAST MONDAY IN MAY OF THE NEXT EVENNUMBERED
YEAR OR UNTIL THE DESIGNATED ELECTION OFFICIAL APPOINTS ANOTHER
PERSON TO REPLACE THAT ELECTION JUDGE FOR THAT PRECINCT, WHICHEVER
IS EARLIER.
(2) THE COUNTY CLERK AND RECORDER MAY APPOINT AN ELECTION JUDGE TO SERVE IN A PRECINCT OF THE COUNTY OTHER THAN THE PRECINCT IN WHICH THE ELECTION JUDGE RESIDES.
(3) IF, AT THE TIME THE COUNTY CLERK AND RECORDER APPOINTS ELECTION JUDGES FOR A PRECINCT, THE LIST OF RECOMMENDED ELECTION JUDGES SUBMITTED IN ACCORDANCE WITH SECTION 16102 CONTAINS AN INSUFFICIENT NUMBER OF NAMES FOR A MAJOR POLITICAL PARTY'S SHARE OF THE TOTAL NUMBER OF ELECTION JUDGES AS REQUIRED IN SECTION 16109, THE DESIGNATED ELECTION OFFICIAL SHALL APPOINT ANY ADDITIONAL ELECTION JUDGES NECESSARY FOLLOWING THE PARTY AFFILIATION REQUIREMENTS OF SECTION 16109 TO THE EXTENT POSSIBLE.
SECTION 5. 16105, Colorado Revised Statutes, is amended to read:
16105. Appointment of election judges for elections not coordinated by the county clerk and recorder. (1) No later than fortyfive days before the regular election, the governing body with authority to call elections shall appoint election judges for the political subdivision. The term of office of election judges shall be two years from the date of appointment.
(2) Any person who has been appointed
by a county clerk and recorder who
has filed an acceptance, and who has attended a class of instruction
AND MEETS THE QUALIFICATIONS AS PRESCRIBED IN SECTION 16101
may be appointed as an election judge for nonpartisan
elections NOT COORDINATED BY THE COUNTY CLERK AND RECORDER.
SECTION 6. 16106, Colorado Revised Statutes, is amended to read:
16106. Confirmation and
acceptance of election judge appointment.
(1) No later than the
last Tuesday in May in evennumbered years for partisan elections
or thirty days before the regular election for nonpartisan elections
the designated election official shall certify the list appointing
the election judges and shall mail one acceptance form to each
person appointed. THE DESIGNATED
ELECTION OFFICIAL SHALL CONFIRM THE APPOINTMENTS OF ELECTION JUDGES
BY MAILING EACH APPOINTED ELECTION JUDGE A CERTIFICATION OF APPOINTMENT
AND AN ACCEPTANCE FORM.
(2) THE ACCEPTANCE FORM SHALL CONTAIN:
(a) THE STATEMENT OF QUALIFICATIONS AS PRESCRIBED IN SECTION 16101; AND
(b) A STATEMENT THAT, IF THE PERSON APPOINTED AS AN ELECTION JUDGE EITHER FAILS TO FILE THE ACCEPTANCE FORM WITHIN SEVEN DAYS AFTER THE CERTIFICATION OF APPOINTMENT AND ACCEPTANCE FORM ARE MAILED OR FAILS TO ATTEND A CLASS OF INSTRUCTION AS REQUIRED IN SECTION 16101 (5), THE DESIGNATED ELECTION OFFICIAL MAY DETERMINE THAT A VACANCY HAS BEEN CREATED.
(3) EACH PERSON APPOINTED AS AN ELECTION JUDGE SHALL FILE AN ACCEPTANCE FORM IN THE OFFICE OF THE DESIGNATED ELECTION OFFICIAL WITHIN SEVEN DAYS AFTER THE CERTIFICATION OF APPOINTMENT AND ACCEPTANCE FORM HAS BEEN MAILED. IF A PERSON APPOINTED AS AN ELECTION JUDGE FAILS TO FILE THE ACCEPTANCE FORM AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION OR FAILS TO ATTEND A CLASS OF INSTRUCTION AS REQUIRED IN SECTION 16101 (5), THE DESIGNATED ELECTION OFFICIAL MAY DETERMINE THAT A VACANCY HAS BEEN CREATED.
SECTION 7. 16108, Colorado Revised Statutes, is amended to read:
16108. Lists of election
judges. (1) The designated
election official shall make and maintain at
the time election judges are appointed, a list of appointments,
giving the name and address of each election judge, and, if applicable,
the judge's precinct number. This list shall be kept on file
in the office of the designated election official and shall indicate
which judges have filed acceptances and the date on which each
judge attended the class of instruction. The list is a public
record and is available for public inspection, examination, and
copying during regular office hours.
A MASTER LIST OF ELECTION JUDGES WHO HAVE FILED AN ACCEPTANCE
FORM IN ACCORDANCE WITH SECTION 16101 (4). THE MASTER
LIST SHALL INCLUDE THE NAME, PARTY AFFILIATION, AND PRECINCT NUMBER
OF EACH ELECTION JUDGE WHO HAS FILED AN ACCEPTANCE FORM, INCLUDING
WHETHER SUCH JUDGE IS UNAFFILIATED, AFFILIATED WITH A MINOR POLITICAL
PARTY, OR AFFILIATED WITH A QUALIFIED POLITICAL ORGANIZATION.
(2) Any person may obtain, upon written
request and payment of the appropriate statutory
fee, an exact copy of the list of county election judges from
the county clerk and recorder. The
county chairperson of either political party may exercise a preemptive
removal of any election judge from the chairperson's political
party by filing a written request with the county clerk and recorder
within five days of the date that the list becomes available for
public inspection. The resulting vacancy shall be filled pursuant
to section 16113.
SECTION 8. 16109, Colorado Revised Statutes, is amended to read:
16109. Party affiliation
of election judges in partisan elections.
(1) FOR PARTISAN ELECTIONS in precincts which
THAT have an even number of election judges, each major political
party is entitled to onehalf of the number of election judges.
(2) FOR PARTISAN ELECTIONS in precincts
which
THAT have an odd number of election judges, one major political
party is entitled to the extra election judge in all
evennumbered precincts ONEHALF
OF THE PRECINCTS, AS DETERMINED BY THE COUNTY CLERK AND RECORDER,
and the other major political party is entitled to the extra election
judge in all oddnumbered precincts.
No later than the last Tuesday in May in evennumbered years,
the county clerk and recorder shall determine by lot which major
political party is entitled to the extra election judge in the
evennumbered precincts and which is so entitled in the oddnumbered
precincts. THE OTHER ONEHALF
OF THE PRECINCTS, AS DETERMINED BY THE COUNTY CLERK AND RECORDER.
(3) IF AN ODD NUMBER OF PRECINCTS EXIST, THE COUNTY CLERK AND RECORDER SHALL DETERMINE WHICH MAJOR POLITICAL PARTY IS ENTITLED TO ANY EXTRA ELECTION JUDGE. THE COUNTY CLERK AND RECORDER SHALL MAKE THIS DETERMINATION EITHER BY MUTUAL AGREEMENT OF BOTH OF THE MAJOR POLITICAL PARTIES OR, IF THE TWO MAJOR POLITICAL PARTIES CANNOT AGREE, BY LOT.
(4) If the county clerk and recorder is
not able to appoint the maximum number of election judges to which
each major political party is entitled for each precinct under
this section because the list of recommended election judges required
by section 16102 either does not contain a sufficient
number of names or was not submitted, the county clerk and recorder
shall appoint at least two election judges for the precinct.
who are of the same political
affiliation.
SECTION 9. Article 6 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
16109.5. Appointment and duties of supply judge. (1) THE DESIGNATED ELECTION OFFICIAL SHALL APPOINT ONE ELECTION JUDGE IN EACH PRECINCT AS SUPPLY JUDGE. TO THE EXTENT POSSIBLE, THE SUPPLY JUDGE SHALL BE FROM A MAJOR POLITICAL PARTY. THE DESIGNATED ELECTION OFFICIAL SHALL NOTIFY THE SUPPLY JUDGE OF THE APPOINTMENT.
(2) FOR PARTISAN ELECTIONS, EACH MAJOR POLITICAL PARTY IS ENTITLED TO ONEHALF OF THE TOTAL NUMBER OF SUPPLY JUDGES APPOINTED. IF AN ODD NUMBER OF SUPPLY JUDGES IS APPOINTED, THE COUNTY CLERK AND RECORDER SHALL DETERMINE WHICH MAJOR POLITICAL PARTY IS ENTITLED TO THE ONE EXTRA SUPPLY JUDGE. THE COUNTY CLERK AND RECORDER SHALL MAKE THIS DETERMINATION BY THE MUTUAL AGREEMENT OF THE TWO MAJOR POLITICAL PARTIES OR, IF THE TWO MAJOR POLITICAL PARTIES CANNOT AGREE, BY LOT.
(3) PRIOR TO THE ELECTION, THE SUPPLY JUDGE SHALL ATTEND A SPECIAL SCHOOL OF INSTRUCTION HELD BY THE DESIGNATED ELECTION OFFICIAL.
(4) (a) THE SUPPLY JUDGE SHALL COORDINATE THE CONDUCT OF THE ELECTION IN THE PRECINCT. FOR NONPARTISAN ELECTIONS, THE SUPPLY JUDGE'S RESPONSIBILITIES SHALL INCLUDE RECEIVING ELECTION SUPPLIES AND EQUIPMENT FROM THE DESIGNATED ELECTION OFFICIAL, DELIVERING ELECTION SUPPLIES AND EQUIPMENT TO THE POLLING PLACE, AND RETURNING ALL ELECTION SUPPLIES, ELECTION EQUIPMENT, AND BALLOTS TO THE DESIGNATED ELECTION OFFICIAL ONCE THE ELECTION IS CONCLUDED.
(b) FOR PARTISAN ELECTIONS, THE COUNTY CLERK AND RECORDER MAY DEPUTIZE A COURIER TO RETURN THE ELECTION SUPPLIES, ELECTION EQUIPMENT, AND BALLOTS TO THE COUNTY CLERK AND RECORDER ONCE THE ELECTION IS CONCLUDED. IF THE COUNTY CLERK AND RECORDER DOES NOT DEPUTIZE A COURIER, THE SUPPLY JUDGE AND A SECOND ELECTION JUDGE FROM THE PRECINCT SHALL RETURN THE ELECTION SUPPLIES, ELECTION EQUIPMENT, AND THE BALLOTS TO THE COUNTY CLERK AND RECORDER. THE SECOND ELECTION JUDGE SHALL BE SELECTED BY THE ELECTION JUDGES IN THE PRECINCT OTHER THAN THE SUPPLY JUDGE AND SHALL BE OF A POLITICAL AFFILIATION DIFFERENT THAN THE SUPPLY JUDGE.
SECTION 10. 16111, Colorado Revised Statutes, is amended to read:
16111. Number of election judges. (1) FOR PARTISAN ELECTIONS, the county clerk and recorder shall appoint at least three election judges TO SERVE AS POLLING PLACE JUDGES for each precinct to perform the designated functions.
(2) Counting
judges may be used where deemed necessary in the discretion of
the county clerk and recorder at primary or congressional vacancy
elections.
(3) When two election judges who are not
of the same political party
AFFILIATION are present at the polls, voting may proceed.
(4) FOR NONPARTISAN ELECTIONS, THE DESIGNATED ELECTION OFFICIAL SHALL APPOINT NO LESS THAN TWO ELECTION JUDGES TO SERVE AS POLLING PLACE JUDGES FOR EACH PRECINCT TO PERFORM THE DESIGNATED FUNCTIONS.
(5) THE DESIGNATED ELECTION OFFICIAL AND, FOR PARTISAN ELECTIONS, THE COUNTY CLERK AND RECORDER MAY APPOINT OTHER ELECTION JUDGES AS NEEDED TO PERFORM DUTIES OTHER THAN POLLING PLACE DUTIES. THESE DUTIES MAY INCLUDE BUT ARE NOT LIMITED TO INSPECTING BALLOTS, DUPLICATING BALLOTS, AND COUNTING PAPER BALLOTS. FOR PARTISAN ELECTIONS, IF THE COUNTY CLERK AND RECORDER APPOINTS ELECTION JUDGES TO PERFORM DUTIES OTHER THAN POLLING PLACE DUTIES, THE COUNTY CLERK AND RECORDER SHALL APPOINT TWO ELECTION JUDGES TO PERFORM SUCH DUTIES. THE TWO ELECTION JUDGES SO APPOINTED SHALL NOT BE OF THE SAME POLITICAL AFFILIATION.
(6) FOR ANY ELECTION IN WHICH THE PRECINCTS AND POLLING PLACES ARE COMBINED IN ACCORDANCE WITH SECTION 15102.5, THE COUNTY CLERK AND RECORDER OR THE DESIGNATED ELECTION OFFICIAL MAY ASSIGN ONE SET OF ELECTION JUDGES TO PERFORM THE FUNCTIONS OF ALL PRECINCTS AND POLLING PLACES SO COMBINED.
SECTION 11. 16114 (1), Colorado Revised Statutes, is amended to read:
16114. Oath of judges.
(1) Before any votes are
taken at any election, the election judges
BEGINNING THE DUTIES OF AN ELECTION JUDGE, EACH PERSON APPOINTED
AS AN ELECTION JUDGE shall each
take a selfaffirming oath or affirmation in substantially
the following form:
"I, ..................., do solemnly swear (or
affirm) that I am a citizen of the United States and the state
of Colorado; that I am an eligible elector who resides in the
county of .................... or within the ....... political
subdivision; that I am a member of the ............... party as
shown on the registration books of the county clerk and recorder;
that I will perform the duties of judge according to law and the
best of my ability; that I will studiously endeavor
STRIVE to prevent fraud, deceit, and abuse in conducting the same;
that I will not try to ascertain
DETERMINE how any elector voted, nor will I disclose how any elector
voted if in the discharge of my duties as judge such knowledge
shall come to me, unless called upon to disclose the same before
some court of justice; that I have never been convicted of
election fraud, any other election offense, or fraud and that,
IF ANY BALLOTS ARE COUNTED BEFORE THE POLLS CLOSE ON THE DATE
OF THE ELECTION, I will not disclose the result of the votes until
AFTER the polls have closed AND THE RESULTS ARE FORMALLY ANNOUNCED
BY THE DESIGNATED ELECTION OFFICIAL."
SECTION 12. 16115 (1) and (2), Colorado Revised Statutes, are amended, and the said 16115 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
16115. Compensation of judges. (1) In all elections, INCLUDING PRIMARY AND GENERAL ELECTIONS, each election judge SERVING IN THE PRECINCTS ON ELECTION DAY shall receive not less than five dollars nor more than one hundred dollars as full compensation for services provided as judge at any election.
(2) In addition to the compensation provided
by subsection (1) of this section, each election judge may be
paid expenses and reasonable compensation for attending election
schools which may be established by the respective
COUNTY CLERK AND RECORDER OR THE designated election officials
OFFICIAL. EACH SUPPLY JUDGE APPOINTED BY THE COUNTY CLERK AND
RECORDER SHALL BE REIMBURSED NO LESS THAN FIVE DOLLARS FOR ATTENDING
A SPECIAL SCHOOL OF INSTRUCTION.
(2.5) THE SUPPLY JUDGE AND, FOR PARTISAN ELECTIONS, THE SECOND ELECTION JUDGE SELECTED IN ACCORDANCE WITH SECTION 16109.5 (4) (b) SHALL BE PAID NO LESS THAN FOUR DOLLARS FOR RETURNING THE ELECTION SUPPLIES, ELECTION EQUIPMENT, AND THE BALLOTS TO THE DESIGNATED ELECTION OFFICIAL. THE PERSON PROVIDING THE TRANSPORTATION MAY BE PAID A MILEAGE ALLOWANCE, TO BE SET BY THE DESIGNATED ELECTION OFFICIAL BUT NOT TO EXCEED THE MILEAGE RATE AUTHORIZED FOR COUNTY OFFICIALS AND EMPLOYEES, FOR EACH MILE NECESSARILY TRAVELED IN EXCESS OF TEN MILES IN GOING TO AND RETURNING FROM THE OFFICE OF THE DESIGNATED ELECTION OFFICIAL.
SECTION 13. 16119, Colorado Revised Statutes, is amended to read:
16119. Removal of election
judge by designated election official.
(1) The county chairperson
of the political party in whose behalf an election judge was appointed
may file a statement with the county clerk and recorder that,
after investigation, it is believed that the party is not faithfully
or fairly represented by the election judge or that the election
judge has moved from the county or precinct. Upon the filing of
the statement, the county clerk and recorder shall forthwith notify
the election judge of the removal and the cause for the removal,
and a successor shall be forthwith appointed as provided in section
16113. IF A COUNTY CHAIRPERSON
OF A MAJOR POLITICAL PARTY BELIEVES THAT AN ELECTION JUDGE APPOINTED
TO REPRESENT THAT PARTY IS NOT FAITHFULLY OR FAIRLY REPRESENTING
THE PARTY OR THAT AN ELECTION JUDGE HAS MOVED FROM THE COUNTY,
THE COUNTY CHAIRPERSON MAY EXERCISE A PREEMPTIVE REMOVAL OF THE
ELECTION JUDGE. THE COUNTY CHAIRPERSON SHALL NOTIFY THE COUNTY
CLERK AND RECORDER AND THE ELECTION JUDGE OF THE PREEMPTIVE REMOVAL
IN WRITING. THE COUNTY CLERK AND RECORDER SHALL FILL ANY VACANCY
CREATED BY THE PREEMPTIVE REMOVAL AS PROVIDED IN SECTION 16121.
(2) PRIOR TO ELECTION DAY, THE DESIGNATED ELECTION OFFICIAL MAY REMOVE AN ELECTION JUDGE FOR CAUSE. CAUSE INCLUDES BUT IS NOT LIMITED TO THE ELECTION JUDGE'S FAILURE TO FILE AN ACCEPTANCE FORM IN ACCORDANCE WITH SECTIONS 16101 AND 16106 AND THE ELECTION JUDGE'S FAILURE TO ATTEND A CLASS OF INSTRUCTION AS REQUIRED IN SECTION 16101 (5).
(2) (3) On
election day, the designated election official may remove and
replace an election judge who has
neglected the duties of the office by FAILING TO APPEAR AT THE
POLLING PLACE BY 7:30 A.M., BY leaving the precinct polling place
BEFORE COMPLETING ALL OF THE DUTIES ASSIGNED, or
by being unable, UNWILLING, OR WHO REFUSES to perform the duties
of the office, OR BY ELECTIONEERING.
(3) (4) Upon
receipt of a written complaint made by an eligible elector of
the political subdivision stating
that CONCERNING an election judge,
is electioneering at or within one
hundred feet of any building in which a polling place is located,
the designated election official shall investigate the complaint
and may remove the election judge and appoint another election
judge If the election is a partisan
election, the election judge appointed shall be of the same political
party as the election judge who is removed
IN ACCORDANCE WITH SECTION 16121.
SECTION 14. Article 6 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
16121. Election judge vacancies. (1) IF FOR ANY REASON ANY PERSON APPOINTED TO SERVE AS AN ELECTION JUDGE REFUSES, FAILS, OR IS UNABLE TO SERVE OR IS REMOVED BY PREEMPTION IN ACCORDANCE WITH SECTION 16119 (1) OR FOR CAUSE IN ACCORDANCE WITH SECTION 16119 (2), 16119 (3), OR 16119 (4), THE DESIGNATED ELECTION OFFICIAL THEREAFTER MAY APPOINT AN ELECTION JUDGE TO FILL SUCH VACANCY. IF ANY ELECTION JUDGE IS NOT PRESENT AT THE OPENING OF THE POLLS AND DOES NOT APPEAR AT THE POLLING PLACE WITHIN THIRTY MINUTES AFTER THE OPENING OF THE POLLS, THE DESIGNATED ELECTION OFFICIAL MAY DETERMINE THAT A VACANCY HAS OCCURRED.
(2) APPOINTMENTS TO FILL VACANCIES SHALL BE MADE IN ACCORDANCE WITH THE SAME STATUTORY PROVISIONS OTHERWISE APPLICABLE TO THE APPOINTMENT.
SECTION 15. 15102.5, Colorado Revised Statutes, is amended to read:
15102.5. Establishing polling
places for coordinated elections. (1) Not
less than ninety days prior to a coordinated election, the county
clerk and recorder, in consultation with the other designated
election officials of each political subdivision participating
in the election, shall assure that the
polling places chosen ONE
POLLING PLACE BE DESIGNATED TO allow an individual elector to
vote at one polling place
for all ballot issues, ballot questions, and
candidates voted on the same date.
(2) FOR COORDINATED ELECTIONS, THE COUNTY CLERK AND RECORDER MAY COMBINE PRECINCTS AND POLLING PLACES.
SECTION 16. Part 1 of article 5 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
15108. Election judges may change polling places. (1) IF IT BECOMES IMPOSSIBLE OR IMPRACTICABLE TO HOLD AN ELECTION BECAUSE OF AN EMERGENCY AT THE DESIGNATED POLLING PLACE, THE ELECTION JUDGES, AFTER ASSEMBLING AT OR AS NEAR AS PRACTICABLE TO THE ORIGINAL DESIGNATED POLLING PLACE, MAY MOVE TO THE NEAREST CONVENIENT PLACE FOR HOLDING THE ELECTION AND AT THE NEWLY DESIGNATED PLACE FORTHWITH PROCEED WITH THE ELECTION. THE ELECTION JUDGES SHALL NOTIFY THE DESIGNATED ELECTION OFFICIAL OF THE CHANGE AS SOON AS POSSIBLE.
(2) UPON MOVING TO A NEW POLLING PLACE, THE ELECTION JUDGES SHALL DISPLAY A PROCLAMATION OF THE CHANGE AT THE ORIGINAL POLLING PLACE TO NOTIFY ALL ELECTORS OF THE NEW LOCATION FOR HOLDING THE ELECTION. THE PROCLAMATION SHALL CONTAIN A STATEMENT EXPLAINING THE SPECIFIC NATURE OF THE EMERGENCY THAT REQUIRED THE CHANGE IN THE POLLING PLACE AND SHALL PROVIDE THE STREET ADDRESS OF THE NEW LOCATION.
SECTION 17. 17101 (1), Colorado Revised Statutes, is amended to read:
17101. Hours of voting.
(1) All polls shall be opened continuously from 7
a.m. until 7 p.m. of each election day. If a full set of election
judges is not present at the hour of 7 a.m. and it is necessary
for judges to be appointed to conduct the election as provided
in section 16113 (2), the election may commence when
two judges one from each major party
WHO ARE NOT OF THE SAME POLITICAL AFFILIATION for partisan elections
are present at any hour before the time for closing the polls.
The polls shall remain open after 7 p.m. until every eligible
elector who was at the polling place at or before 7 p.m. has been
allowed to vote. Any person arriving after 7 p.m. shall not be
entitled to vote.
SECTION 18. The introductory portion to 870140 (1) (c) and 870140 (1) (c) (V), Colorado Revised Statutes, are amended, and the said 870140 (1) (c) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
870140. Employment does not include nonprofit organizations. (1) For the purposes of sections 870118 and 870119, "employment" does not include services performed:
(c) In the employ of a governmental entity
referred to in section 870119 if such service is performed
by an individual in the exercise of his
SUCH INDIVIDUAL'S duties:
(V) In a position which, pursuant to the
laws of this state, is designated as a major, nontenured policymaking
or advisory position, or a policymaking or advisory position the
performance of the duties of which ordinarily does not require
more than eight hours per week; or
(VI) AS AN ELECTION OFFICIAL OR ELECTION WORKER IF THE AMOUNT OF REMUNERATION RECEIVED BY THE INDIVIDUAL DURING THE CALENDAR YEAR FOR SERVICES AS AN ELECTION OFFICIAL OR ELECTION WORKER IS LESS THAT ONE THOUSAND DOLLARS; OR
SECTION 19. Repeal. 16107, Colorado Revised Statutes, is repealed as follows:
16107. Acceptances
school of instruction appointment of supply judge.
(1) Each person appointed
as an election judge shall file an acceptance in the office of
the designated election official within seven days after the date
that the certificate of appointment and the acceptance form were
mailed. The acceptance form shall include a statement that a
person who fails to attend a class of instruction may be disqualified
from serving as an election judge. If a person appointed as an
election judge fails to file an acceptance within seven days,
the designated election official may determine that a vacancy
has been created.
(2) Each designated election official
shall hold at least one class of instruction for all election
judges not more than five weeks nor less than one day prior to
each election.
(3) After acceptances are received,
the designated election official shall appoint one judge in each
precinct as supply judge and shall notify the supply judge of
the appointment. For partisan elections, each major political
party is entitled to onehalf of the total number of supply
judges appointed, and, if an odd number of supply judges is appointed,
the county clerk and recorder shall determine by lot which party
is entitled to the one extra supply judge. The supply judge is
responsible for the general conduct of the election in the precinct
and for receiving and delivering election supplies and equipment.
The supply judge shall attend a special school of instruction
held by the designated election official and shall be reimbursed
no less than five dollars for attending the school.
SECTION 20. Repeal. 16110, Colorado Revised Statutes, is repealed as follows:
16110. Judges at primary
elections. (1) The
regularly appointed receiving judges for general elections shall
serve as the judges for primary elections. No counting judges
shall be appointed for primary elections.
(2) Election judges shall be paid
the same fees for primary elections as for general elections.
SECTION 21. Repeal. 16112, Colorado Revised Statutes, is repealed as follows:
16112. Number of judges
in nonpartisan elections. For
nonpartisan elections, the designated election official shall
appoint no less than two election judges for each precinct to
perform the designated functions.
SECTION 22. Repeal. 16116, Colorado Revised Statutes, is repealed as follows:
16116. Delivery of election
returns and other election papers compensation.
(1) The supply judge shall
pick up the election supplies at the office of the designated
election official, and, for partisan elections, with one other
judge of the opposite political party who is selected by the remaining
judges, shall deliver the election returns, registration book,
ballot boxes, and other election papers and supplies to the office
of the designated election official.
(2) The supply judge and, if required,
the second judge selected pursuant to subsection (1) of this section
shall be paid no less than four dollars for the performance of
the service. In addition, if the distance from the polling place
to the office of the designated election official is greater than
five miles, the person providing the transportation shall be paid
a mileage allowance, to be set by the designated election official
but not to exceed the mileage rate authorized for county officials
and employees, for each mile necessarily traveled in excess of
ten miles in going to and returning from the office of the designated
election official. No mileage allowance shall be paid to judges
serving in precincts located wholly or in part within a city and
county or within the municipality which is the county seat of
the county.
SECTION 23. Repeal. 16117, Colorado Revised Statutes, is repealed as follows:
16117. Judges for new or
changed precincts. Within
ten days after the boundaries of an existing election precinct
are changed or a new precinct is created, the designated election
official shall appoint election judges for the new or changed
precinct in the same manner as provided in section 16113
(1) for filling vacancies.
SECTION 24. Repeal. 16118, Colorado Revised Statutes, is repealed as follows:
16118. Judges may change
polling place. (1) If
it becomes impossible or impracticable to hold an election because
of an emergency at the designated polling place, the election
judges, after assembling at or as near as practicable to the original
designated polling place, may move to the nearest convenient place
for holding the election and at the newly designated place forthwith
proceed with the election. The election judges shall notify the
designated election official of the change as soon as possible.
(2) Upon moving to a new polling
place, the election judges shall display a proclamation of the
change at the original polling place to notify all electors of
the new location for holding the election. The proclamation shall
contain a statement explaining the specific nature of the emergency
that required the change in polling place and shall provide the
street address of the new location.
SECTION 25. 15502, Colorado Revised Statutes, is amended to read:
15502. Ballot boxes for
nonmachine voting. The governing
body of each political subdivision using paper ballots shall provide
at least one ballot box for each polling place. For elections
which have both receiving and counting judges, the governing body
shall provide no less than one ballot box for each set of receiving
judges and one ballot box for each set of counting judges at each
place of voting. The ballot boxes shall be strongly constructed
so as to prevent tampering, with a small opening at the top and
with a lid to be locked. The ballot boxes and keys shall be kept
by the designated election official and delivered to the election
judges no later than one day preceding any election, to be returned
as provided in section 16116
SECTION 16109.5.
SECTION 260 17505 (2), Colorado Revised Statutes, is amended to read:
17505. Close of polls
count and seals in electronic voting.
(2) In precincts in which voting is on a ballot or
ballot card, election judges shall prepare a return in duplicate
showing the number of eligible electors, as indicated by the pollbook,
who have voted in the precinct, the number of official ballots
or ballot cards received, and the number of spoiled and unused
ballots or ballot cards returned. The original copy of the return
shall be deposited in the metal or durable plastic transfer box,
along with all voted and spoiled ballots. The transfer box shall
then be sealed in such a way as to prevent tampering with the
box or its contents. The designated election official shall provide
a numbered seal. The duplicate copy of the return shall be mailed
at the nearest post office or postoffice box to the designated
election official by an election judge other than the one who
delivers the transfer box to the designated counting center.
For partisan elections, two election judges of different political
parties
AFFILIATIONS, as provided in section
16116 SECTION 16109.5
shall deliver the sealed transfer box to the counting center designated
by the designated election official
COUNTY CLERK AND RECORDER.
SECTION 270 17701, Colorado Revised Statutes, is amended to read:
17701. Delivery of election
returns, ballot boxes, and other election papers.
When all the votes have been read and counted, the election officials
JUDGES selected in accordance with section
16116 SECTION 16109.5
shall deliver to the designated election official the certificate
and statement required by section 17601, ballot boxes
and all keys to the boxes, paper tapes, "proms" or other
electronic devices, the registration book, pollbooks, accounting
forms, spoiled ballots, unused ballots, ballot stubs, oaths, affidavits,
and other election papers and supplies. The delivery shall be
made at once and with all convenient speed, and informality in
the delivery shall not invalidate the vote of any precinct when
delivery has been made previous to the completion of the official
abstract of the votes by the board of canvassers. The designated
election official shall give a receipt for all items delivered.
SECTION 280 Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.