Election Offenses

C.R.S. tit. 1, art. 13
in effect

C.R.S. § 1-13-101 District attorney or attorney general to prosecute

1-13-101. District attorney or attorney general to prosecute. (1) Any person may file an affidavit with the district attorney stating the name of any person who has violated any of the provisions of this code and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, he shall prosecute the violator. (2) The attorney general shall have equal power with district attorneys to file and prosecute informations or complaints against any persons for violating any of the provisions of this code.

C.R.S. § 1-13-102 Sufficiency of complaint - judicial notice

1-13-102. Sufficiency of complaint - judicial notice. Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any general, primary, or congressional vacancy election authorized by law constitute no defense to a prosecution for a violation of this code. When an offense is committed in relation to any general, primary, or congressional vacancy election, an indictment, information, or complaint for such offense is sufficient if it alleges that such election was authorized by law without stating the call or notice of the election, the names of the judges holding such election, or the names of the persons voted for at such election. Judicial notice shall be taken of the holding of any general, primary, or congressional vacancy election.

C.R.S. § 1-13-103 Immunity of witness from prosecution

1-13-103. Immunity of witness from prosecution. Any person violating any of the provisions of this code is a competent witness against any other violator and may be compelled to attend and testify at any trial, hearing, proceeding, or investigation in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly in bar of such indictment or prosecution.

C.R.S. § 1-13-104 Perjury

1-13-104. Perjury. Any person, having taken any oath or made any affirmation required by this code, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or who suborns any other person to swear or affirm as aforesaid commits perjury in the second degree as set forth in section 18-8-503, C.R.S., and shall be punished as provided in section 18-1.3-501, C.R.S.

C.R.S. § 1-13-105 False certificates by officers

1-13-105. False certificates by officers. Any notary public or any officer authorized by law to administer oaths who knowingly makes a false certificate in regard to a matter connected with an election held under the laws of this state upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-106 Forgery

1-13-106. Forgery. Any person who falsely makes, alters, forges, or counterfeits any ballot before or after it has been cast, or who forges any name of a person as a signer or witness to a petition or nomination paper, or who forges any letter of acceptance, declination, or withdrawal, or who forges the name of a registered elector to a voter's mail-in or mail ballot commits forgery as set forth in section 18-5-102, C.R.S., and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 1-13-107 Violation of duty

1-13-107. Violation of duty. Any public officer, election official, or other person upon whom any duty is imposed by this code who violates, neglects, or fails to perform such duty or is guilty of corrupt conduct in the discharge of the same or any notary public or other officer authorized by law to administer oaths who administers any oath knowing it to be false or who knowingly makes a false certificate in regard to a matter connected with any election provided by law upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-108 Anonymous statements concerning candidates or issues

1-13-108. Anonymous statements concerning candidates or issues. (Repealed)

C.R.S. § 1-13-109 False or reckless statements relating to candidates or questions submitted to electors - penalties - definitions

1-13-109. False or reckless statements relating to candidates or questions submitted to electors - penalties - definitions. (1) (a) No person shall knowingly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. (b) Any person who violates any provision of subsection (1)(a) of this section upon conviction shall be punished as provided in section 1-13-111. (2) (a) No person shall recklessly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. Notwithstanding any other provision of law, for purposes of this subsection (2), a person acts "recklessly" when he or she acts in conscious disregard of the truth or falsity of the statement made, published, broadcasted, or circulated. (b) Any person who violates any provision of paragraph (a) of this subsection (2) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S. (3) For purposes of this section, "person" means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a group organized under section 527 of the internal revenue code.

C.R.S. § 1-13-110 Wagers with electors

1-13-110. Wagers with electors. It is unlawful for any person, including any candidate for election to public office, before or during any election provided by law, to make any bet or wager with an elector, or take a share or interest in, or in any manner become a party to, any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager upon any event or contingency arising out of such election. Any person who violates this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-111 Penalties for election offenses

1-13-111. Penalties for election offenses. In all cases in which an offense denominated in this code has no penalty specified, the offender commits a class 2 misdemeanor.

C.R.S. § 1-13-112 Offenses relating to mail ballots

1-13-112. Offenses relating to mail ballots. Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with such a ballot upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-113 Interference with distribution of election material

1-13-113. Interference with distribution of election material. During the period beginning forty-five days before and ending four days after any election, any person who prevents, hinders, or interferes with the lawful distribution of any card, pamphlet, circular, poster, handbill, yard sign, or other written material relating to any candidate for election for any office or relating to any issue that is to be submitted to the electors in any election, or any person who removes, defaces, or destroys any lawfully placed billboard, sign, or written material from any premises to which it was delivered upon conviction shall be punished as provided in section 1-13-111. Any person found guilty of removing, defacing, or destroying any billboard, sign, or written material shall pay the cost of replacement. The owner of the premises, an authorized agent of the owner, or any person charged with enforcement of any state law, ordinance, or regulation may remove any billboard, sign, or written material without penalty when placed without permission or authorization of the owner of such premises, or in violation of state law or county or municipal ordinance or regulation, or which is in place at any time other than during the period beginning forty-five days before and ending four days after any election.

C.R.S. § 1-13-114 Failure to comply with requirements of secretary of state

1-13-114. Failure to comply with requirements of secretary of state. (1) Any person who willfully interferes or willfully refuses to comply with the rules, orders, or acceptable use policy for the statewide voter registration system of the secretary of state or the secretary of state's designated agent in the carrying out of the powers and duties prescribed in section 1-1-107 commits a class 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501. (2) Any person who willfully interferes with any person in notifying or obstructs any person from notifying the department of state of a potential violation of subsection (1) of this section when the person reasonably believes that a violation of subsection (1) of this section has occurred or will occur, or retaliates therefore, upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-201 Interfering with or impeding registration

1-13-201. Interfering with or impeding registration. Any person who intentionally interferes with or impedes the registration of electors, whether by act of commission or by failure to perform any act or duty imposed or required for the proper administration of parts 2 and 3 of article 2 of this title 1, or who knowingly permits or encourages another to do so upon conviction shall be punished as provided in section 1-13-111. A person who collects a voter registration application from an eligible elector for mailing or delivery to the county clerk and recorder and who fails to mail or deliver the application to the proper county clerk and recorder within five business days after the application is signed is guilty of a violation of this section; except that this section shall not apply to a voter registration drive circulator or voter registration drive organizer, who shall be subject to the penalties described in part 7 of article 2 of this title 1.

C.R.S. § 1-13-202 Unlawful qualification as taxpaying elector

1-13-202. Unlawful qualification as taxpaying elector. It is unlawful to take or place title to property in the name of another or to pay the taxes or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a taxpaying elector or as a qualified taxpaying elector or to aid or assist any person to do so. The ballot of any person violating this section shall be void. Any person, company, corporation, or association violating this section shall forfeit and lose all rights, franchises, or other benefits accruing or to accrue to the benefit of such person, company, corporation, or association by or as the result of any such election. Any person who violates any of the provisions of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-203 Procuring false registration

1-13-203. Procuring false registration. It is unlawful for any person to procure his or her own name, or the name of any other person, to be registered in the statewide voter registration system for a precinct in which such person is not, at the time of such registration, entitled to be registered or for any person to procure any fictitious name to be registered in the statewide voter registration system. Any person who violates this section upon conviction shall be punished as provided in section 1-13-111. Each violation is considered a separate offense.

C.R.S. § 1-13-204 Adding names after registration closed

1-13-204. Adding names after registration closed. (Repealed)

C.R.S. § 1-13-205 County clerk and recorder signing wrongful registration

1-13-205. County clerk and recorder signing wrongful registration. Every county clerk and recorder who willfully signs his or her name on the registration record opposite the name of any person knowing that said person is not legally entitled to be registered pursuant to the provisions of section 1-2-101 upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-206 Disposition of mail voter registration application

1-13-206. Disposition of mail voter registration application. (Repealed)

C.R.S. § 1-13-207 Signature on registration record is proof of oath

1-13-207. Signature on registration record is proof of oath. Any elector, election official, or other person, by his signature on the registration record, shall be conclusively deemed in law to have duly verified such registration record. The registration record containing such signature, or a copy thereof certified by the county clerk and recorder, shall be admissible in evidence as proof of the taking of an oath or affirmation as to the information contained therein in all criminal proceedings pursuant to sections 1-13-104, 1-13-203, and 1-13-205.

C.R.S. § 1-13-208 Deputy county clerk and recorder - influencing party affiliation

1-13-208. Deputy county clerk and recorder - influencing party affiliation. Any deputy county clerk and recorder for voter registration purposes, or employee of the department of revenue who is authorized to conduct voter registration at local driver's license examination facilities, or employee of a voter registration agency who is authorized to conduct voter registration who influences or attempts to influence any person during the registration process to affiliate with a political party or to affiliate with a specific political party upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-209 High school deputy registrar - influencing party affiliation

1-13-209. High school deputy registrar - influencing party affiliation. Any high school deputy registrar for voter registration purposes who influences or attempts to influence any person during the registration process to affiliate with a political party or to affiliate with a specific political party upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-301 Fraud at precinct caucus, assembly, or convention

1-13-301. Fraud at precinct caucus, assembly, or convention. Any person in authority at any precinct caucus, assembly, or convention who in any manner dishonestly, corruptly, or fraudulently performs any act devolving on him or her by virtue of the position of trust which he or she fills or knowingly aids or abets any other person to do any fraudulent, dishonest, or corrupt act or thing in reference to the carrying on of any precinct caucus, assembly, or convention or the ascertaining or promulgating of its true will upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-302 Fraudulent voting in precinct caucus, assembly, or convention

1-13-302. Fraudulent voting in precinct caucus, assembly, or convention. Any person who fraudulently participates and votes in a precinct caucus, assembly, or convention when he or she is not a member of the political party holding the precinct caucus, assembly, or convention, as shown in the statewide voter registration system upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-303 Other offenses at precinct caucus, assembly, or convention

1-13-303. Other offenses at precinct caucus, assembly, or convention. (1) It is unlawful for any person at any precinct caucus, assembly, or convention: (a) To fraudulently vote more than once; (b) To knowingly hand in two or more ballots deceitfully folded together; (c) To knowingly procure, aid, counsel, or advise another to vote or attempt to vote fraudulently or corruptly; (d) To falsely personate any elector and vote under his name or under an assumed name; (e) To fraudulently procure, aid, abet, or encourage, directly or indirectly, any person to attempt to falsely personate any elector or to vote under an assumed name; (f) To influence any voter in the casting of his vote by bribery, duress, or any other corrupt or fraudulent means; or (g) To receive any money or valuable thing, or the promise of either, for casting his vote for or against any person or measure or to offer his vote for or against any person or measure in consideration of money or other valuable thing, or the promise of either. (2) Any person who violates any of the provisions of subsection (1) of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-401 Bribery of petition signers

1-13-401. Bribery of petition signers. Any person who offers or, with knowledge of the same, permits any person to offer for his or her benefit any bribe or promise of gain to an elector to induce him or her to sign any petition or other election paper or any person who accepts any bribe or promise of gain of any kind in the nature of a bribe as consideration for signing the same, whether such bribe or promise of gain in the nature of a bribe is offered or accepted before or after signing upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-402 Tampering with nomination papers - nomination petitions

1-13-402. Tampering with nomination papers - nomination petitions. (1) Any person who, being in possession of any petition, certificate of nomination, or letter of acceptance, declination, or withdrawal, wrongfully or willfully destroys, defaces, mutilates, suppresses, neglects to file, or fails to cause to be filed the same within the prescribed time or who files any such paper knowing the same, or any part thereof, to be falsely made or who adds, amends, alters, or in any way changes the information on the petition as written by a signing elector upon conviction shall be punished as provided in section 1-13-111. (2) Any person who willfully destroys, defaces, mutilates, or suppresses any nomination petition or who willfully neglects to file or delays the delivery of the nomination petition or who conceals or removes any petition from the possession of the person authorized by law to have the custody thereof, or who aids, counsels, procures, or assists any person in doing any of said acts upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-403 Defacing of petitions other than nominating petitions

1-13-403. Defacing of petitions other than nominating petitions. Any person who willfully destroys, defaces, mutilates, or suppresses a petition; who willfully neglects to file or delays delivery of a petition; who conceals or removes a petition from the possession of the person authorized by law to have custody of it; or who aids, counsels, procures, or assists any person in doing any of the above acts upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-601 Tampering with notices or supplies

1-13-601. Tampering with notices or supplies. Any person who, prior to an election, willfully defaces, removes, or destroys any notice of election posted in accordance with the provisions of this code, or who, during an election, willfully defaces, removes, or destroys any card of instruction or sample ballot printed or posted for the instruction of electors, or who, during an election, willfully defaces, removes, or destroys any of the supplies or conveniences furnished to enable a voter to prepare the voter's ballot upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-701 Interference with election official - intimidation or retaliation against election official

1-13-701. Interference with election official - intimidation or retaliation against election official. (1) At any election provided by law, it is unlawful for any person to interfere in any manner with any election official in the discharge of the election official's duty or to induce any election official to violate or refuse to comply with the election official's duty or any law regulating the same. (2) It is unlawful for any person, whether verbally, in writing, or in person, to threaten, coerce, or intimidate an election official with the intent to: (a) Impede or interfere with the official while the official is engaged in the performance of the official's duties; or (b) Retaliate against the official on account of the official's performance of the official's duties. (3) This section does not apply to an enforcement action taken pursuant to section 1-1-107 or 1-1.5-104 or to an enforcement action taken by a designated election official against an election judge for a violation of a statute, a rule promulgated by the secretary of state, or the election judge's oath. (4) Upon conviction, a person who violates this section shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-702 Interfering with watcher

1-13-702. Interfering with watcher. Any person who intentionally interferes with any watcher while the watcher is discharging the watcher's duties set forth in section 1-7-108 (3) upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-703 Tampering with statewide voter registration system, registration list, or pollbook

1-13-703. Tampering with statewide voter registration system, registration list, or pollbook. (1) Any person who mutilates or erases any name, figure, or word in any registration list or pollbook; or who removes a registration list or pollbook or any part thereof from the place where it has been deposited with an intention to destroy the same, or to procure or prevent the election of any person, or to prevent any voter from voting; or who destroys any registration list or pollbook or part thereof commits a class 1 misdemeanor. (2) Any person who knowingly accesses without authorization the statewide voter registration system commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 1-13-704 Unlawfully permitting to vote

1-13-704. Unlawfully permitting to vote. If at any election provided by law any judge of election knowingly and willfully permits any person to vote who is not entitled to vote at such election, such judge commits a class 1 misdemeanor.

C.R.S. § 1-13-704.5 Voting by persons not entitled to vote - penalty

1-13-704.5. Voting by persons not entitled to vote - penalty. (1) Any person voting in any election provided by law knowing that he or she is not entitled to vote in such election commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

C.R.S. § 1-13-705 Personating elector

1-13-705. Personating elector. Any person who falsely personates any elector and votes at any election provided by law under the name of such elector commits a class 1 misdemeanor.

C.R.S. § 1-13-706 Delivering and receiving ballots at polls

1-13-706. Delivering and receiving ballots at polls. (1) No voter shall receive an official ballot from any person except one of the judges of election having charge of the ballots, nor shall any person other than such judge deliver an official ballot to such voter. (2) No person except a judge of election shall receive from any voter a ballot prepared for voting. (3) Any voter who does not vote the ballot received by him or her shall return his or her ballot to the judge from whom he or she received the same before leaving the polling location; except that nothing in this section prohibits an elector from obtaining an original or replacement ballot pursuant to section 1-5-102.9 (3)(j). (4) Each violation of the provisions of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-707 Inducing defective ballot

1-13-707. Inducing defective ballot. Any person who causes any deceit to be practiced with intent to fraudulently induce a voter to deposit a defective ballot so as to have the ballot thrown out and not counted upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-707.5 Tampering with ballot box

1-13-707.5. Tampering with ballot box. Any person who wilfully tampers with or who, except as provided by law, wilfully breaks open any ballot box, including a drop-off location receptacle, is guilty of a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 1-13-708 Tampering with voting equipment

1-13-708. Tampering with voting equipment. (1) Any person who, as determined by rules promulgated by the secretary of state in accordance with article 4 of title 24, accesses without authorization, tampers with, or facilitates the unauthorized access to or tampering with any electronic or electromechanical voting equipment or an election-night reporting system before, during, or after any election provided by law is guilty of a class 5 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401. (2) Any person who knowingly publishes or causes to be published passwords or other confidential information relating to a voting system shall immediately have their authorized access revoked and is guilty of a class 5 felony.

C.R.S. § 1-13-708.5 Elected officials not to handle electronic or electromechanical voting equipment or devices

1-13-708.5. Elected officials not to handle electronic or electromechanical voting equipment or devices. Any person who violates any provision of section 1-5-607 commits a class 1 misdemeanor.

C.R.S. § 1-13-709 Voting in wrong polling location

1-13-709. Voting in wrong polling location. (Repealed)

C.R.S. § 1-13-709.5 Residence - false information - penalty

1-13-709.5. Residence - false information - penalty. Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 1-13-709.6 Residence - conspiring to give false information - penalty

1-13-709.6. Residence - conspiring to give false information - penalty. Any person who knowingly aids or abets an elector in planning or committing the offense of knowingly giving false information regarding the elector's place of present residence described in section 1-13-709.5 commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 1-13-710 Voting twice - penalty

1-13-710. Voting twice - penalty. (1) (a) No voter shall, with the intent of voting more than once in an election: (I) Cast more than one ballot; (II) Offer to cast a ballot knowing that a ballot the voter previously returned was received; or (III) During a federal election, vote in this state and another state. (b) A voter who violates this subsection (1) upon conviction shall be punished as provided in section 1-13-111. (2) Nothing in this section prohibits a voter from voting in a special district election as a property owner in accordance with article 13.5 of this title or part 8 of article 1 of title 32, C.R.S.

C.R.S. § 1-13-711 Interference with voter while voting

1-13-711. Interference with voter while voting. Any person who interferes with any voter who is inside the immediate voting area or is marking a ballot or operating a voting device or electronic voting device at any election provided by law upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-712 Disclosing or identifying vote

1-13-712. Disclosing or identifying vote. (1) (a) No voter shall place any mark upon his or her ballot by means of which it can be identified as the one voted by him or her, and no other mark shall be placed on the ballot by any person to identify it after it has been prepared for voting. (b) Any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in this article 13. (c) Any voter who makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. (d) The ability of a voter to disclose his or her voted ballot as described in this subsection (1) at a voter service and polling center or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such voter service and polling center or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections. (2) No person shall endeavor to induce any voter to show how he marked his ballot. (3) No election official, watcher, or person shall reveal to any other person the name of any candidate for whom a voter has voted or communicate to another his opinion, belief, or impression as to how or for whom a voter has voted. (4) Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-713 Intimidation

1-13-713. Intimidation. It is unlawful for any person directly or indirectly, by himself or herself or by any other person in his or her behalf, to impede, prevent, or otherwise interfere with the free exercise of the elective franchise of any elector or to compel, induce, or prevail upon any elector either to give or refrain from giving the elector's vote at any election provided by law or to give or refrain from giving the elector's vote for any particular person or measure at any such election. Each such offense is a class 1 misdemeanor.

C.R.S. § 1-13-714 Electioneering - removing and return of ballot - definition

1-13-714. Electioneering - removing and return of ballot - definition. (1) (a) No person shall do any electioneering on the day of any election, or during the time when voting is permitted for any election, within any polling location or in any public street or room or in any public manner within one hundred feet of any building in which a polling location is located, as publicly posted by the designated election official. (b) (I) As used in this section, the term "electioneering" includes: (A) Campaigning for or against any candidate who is on the ballot or any ballot issue or ballot question that is on the ballot. (B) The distribution or display of campaign posters, signs, or other campaign materials or apparel, including materials or apparel promoting or opposing a candidate or displaying a candidate's name, likeness, or campaign slogan. (C) Soliciting signatures for a candidate petition, a recall petition, or a petition to place a ballot issue or ballot question on a subsequent ballot. (II) "Electioneering" does not include a respectful display of the American flag. (c) Nothing in this section limits or prohibits the incidental display of buttons, shirts, hats, or other apparel that support various causes or political issues by individuals who are traveling through corridors subject to the one-hundred-foot electioneering restriction specified in subsection (1)(a) of this section seeking access to areas other than polling locations on campuses of institutions of higher education. (2) Except as necessary for ballot counting, no person may remove any official ballot from the polling location before the closing of the polls. (3) Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-715 Liquor in or near voter service and polling center

1-13-715. Liquor in or near voter service and polling center. (1) It is unlawful for any election official or other person to introduce into any polling location, or to use therein, or to offer to another for use therein, at any time while any election is in progress or the result thereof is being ascertained by the counting of the ballots, any intoxicating malt, spirituous, or vinous liquors. (2) It is unlawful for any officer or board of officers of any county or any municipality, whether incorporated under general law or by special charter, who may at any time be by law charged with the duty of designating polling locations for the holding of any general or congressional election therein, to select therefor a room wherein any intoxicating malt, spirituous, or vinous liquors are usually sold for consumption on the premises. (3) Any person who violates any provision of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-716 Destroying, removing, or delaying delivery of election records

1-13-716. Destroying, removing, or delaying delivery of election records. (1) No person shall willfully destroy, deface, or alter any ballot or any election records or willfully delay the delivery of any such ballots or election records, or take, carry away, conceal, or remove any ballot, ballot box, or election records from the polling location or drop-off location or from the possession of a person authorized by law to have the custody thereof, or aid, counsel, procure, advise, or assist any person to do any of the aforesaid acts. (2) No election official who has undertaken to deliver the official ballots and election records to the county clerk and recorder shall neglect or refuse to do so within the time prescribed by law or shall fail to account fully for all official ballots and other records in his charge. Informality in the delivery of the ballots and election records shall not invalidate the vote of any precinct if such records are delivered prior to the canvassing of the votes by the county board of canvassers. (3) Any person who violates any provision of this section commits a class 1 misdemeanor.

C.R.S. § 1-13-717 Penalty for destruction of supplies

1-13-717. Penalty for destruction of supplies. Any person who, during an election, willfully defaces, tears down, removes, or destroys any card of instruction or sample ballot printed or posted for the instruction of voters or who, during an election, willfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare the voter's ballot or willfully hinders the voting of others upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-718 Release of information concerning count

1-13-718. Release of information concerning count. Any election official, watcher, or other person who releases information concerning the count of ballots cast at polling locations or of mail-in or mail voters' ballots prior to 7 p.m. on the day of the election upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-719 Employer's unlawful acts

1-13-719. Employer's unlawful acts. (1) It is unlawful for any employer, whether corporation, association, company, firm, or person, or any officer or agent of such employer: (a) In any manner to control the action of his employees in casting their votes for or against any person or measure at any precinct caucus, assembly, or convention; or (b) To refuse to an employee the privilege of taking time off to vote as provided by section 1-7-102, or to subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or to violate any of the provisions of section 1-7-102 in any other way; or (c) In paying his employees the salary or wages due them, to enclose their pay in pay envelopes upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions, views, or actions of such employees; or (d) Within ninety days of any election provided by law, to put up or otherwise exhibit in his factory, workshop, mine, mill, boardinghouse, office, or other establishment or place where his employees may be working or be present in the course of such employment any handbill, notice, or placard containing any threat, notice, or information that, if any particular ticket or candidate is elected, work in his place or establishment will cease in whole or in part, or his establishment will be closed, or the wages of his workmen will be reduced or containing other threats, express or implied, intended or calculated to influence the political opinions or actions of his employees. (2) Any person who violates any of the provisions of subsection (1) of this section upon conviction shall be punished as provided in section 1-13-111. In addition, any corporation violating this section shall forfeit its charter and right to do business in this state.

C.R.S. § 1-13-720 Unlawfully giving or promising money or employment or facilitating the trading of votes

1-13-720. Unlawfully giving or promising money or employment or facilitating the trading of votes. (1) It is unlawful for any person, directly or indirectly, individually or through any other person: (a) To pay, loan, or contribute, or offer or promise to pay, loan, or contribute, any money or other valuable consideration to or for any elector, or to or for any other person, to induce such elector to vote or refrain from voting at any election provided by law or to induce any elector to vote or refrain from voting at such election for any particular person or to induce such elector to go to the polls or remain away from the polls at such election or on account of such elector having voted or refrained from voting for any particular person or issue or having gone to the polls or remained away from the polls at such election; (b) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, shall be used in bribery at any election provided by law or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money wholly or partially expended in bribery at any such election; (c) To give, offer, or promise any office, place, or employment or to promise, procure, or endeavor to procure any office, place, or employment to or for any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting at any election provided by law or to induce any elector to vote or refrain from voting at such election for any particular person or issue; or (d) To facilitate the trading of votes between an elector in the state or a person in another state in exchange for the other person's vote for or against a particular candidate, ballot issue, or ballot question. A violation of this subsection (1)(d) is a petty offense. (2) Except for the offense set forth in subsection (1)(d) of this section, each offense set forth in subsection (1) of this section is a class 1 misdemeanor.

C.R.S. § 1-13-721 Receipt of money or jobs

1-13-721. Receipt of money or jobs. (1) A person who directly or indirectly, by himself or herself or through any other person shall not: (a) Before or during an election provided by law, to receive, agree to accept, or contract for any money, gift, loan, or other valuable consideration, office, place, or employment, for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or measure at any election provided by law; (b) During or after an election provided by law, to receive any money or other valuable thing on account of himself or any other person for voting or refraining from voting at such election, or on account of himself or any other person for voting or refraining from voting for any particular person at such election, or on account of himself or any other person for going to the polls or remaining away from the polls at such election, or on account of having induced any person to vote or refrain from voting for any particular person or measure at such election. (2) A person who violates subsection (1) of this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-722 Defacing or removing abstract of votes

1-13-722. Defacing or removing abstract of votes. (Repealed)

C.R.S. § 1-13-723 Penalty for neglect of duty - destruction of ballots - breaking seal

1-13-723. Penalty for neglect of duty - destruction of ballots - breaking seal. (1) Every officer upon whom any duty is imposed by any election law who violates the officer's duty or who neglects or omits to perform the same upon conviction shall be punished as provided in section 1-13-111. (2) Any official or person, except one authorized by law, who breaks or loosens a seal on a ballot or a ballot box with the intent to disclose or learn the number of such ballot or ballot box upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-724 Unlawfully carrying a firearm at a polling location or drop box - exception - legislative declaration

1-13-724. Unlawfully carrying a firearm at a polling location or drop box - exception - legislative declaration. (1) (a) The general assembly finds and declares that: (I) The Colorado constitution guarantees free and open elections; (II) All Coloradans should be able to exercise their fundamental right to vote freely and safely; (III) Firearms in or near a polling location or drop box may intimidate, threaten, or coerce voters, affecting Coloradans' exercise of their voting rights; and (IV) Due in part to such concerns, states have regulated firearms at polling locations since the nineteenth century. (b) The general assembly further declares that: (I) Regulating firearms at polling locations and drop boxes is substantially related to the general assembly's interest in ensuring all Colorado voters have the right to vote in an environment that is safe from gun violence and free from intimidation; (II) Nothing in this "Vote Without Fear Act" is intended to shield a person from prosecution for a violation of section 1-13-713; and (III) The general assembly further finds that security personnel contracted for the protection of any location in Colorado that includes a polling location or drop box shall take the utmost care to provide a safe voting environment, while still ensuring that their presence and behavior does not have an intimidating, threatening, or coercive effect on a voter who is exercising the voter's right to vote. (2) The short title of this section is the "Vote Without Fear Act". (3) (a) It is unlawful for any person to carry a firearm, as defined in section 18-1-901 (3)(h), within any polling location, or within one hundred feet of a drop box or any building in which a polling location is located, as publicly posted by the designated election official, on the day of any election or during the time when voting is permitted for any election. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the one-hundred-foot no carry zone for firearms required pursuant to this section. (b) It is unlawful for any person to carry a firearm, as defined in section 18-1-901 (3)(h), within a central count facility, or within one hundred feet of any building in which a central count facility is located, during any ongoing election administration activity related to an active election conducted by the designated election official, as publicly posted by the designated election official. (c) This subsection (3) does not apply to: (I) A person who carries a firearm that the person owns on the person's private property that is within the one-hundred-foot buffer zone or while traveling directly between the person's private property and a place outside the one-hundred-foot buffer zone; (II) A uniformed security guard employed by a contract security agency, as defined in section 24-33.5-415.4, acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location subject to this section; or (III) Security personnel described in section 24-33.5-216.7 (5) while engaged in the security personnel's official duties. (4) This section does not apply to a peace officer, as described in section 16-2.5-101, acting within the scope of the peace officer's authority and in the performance of the peace officer's duties. (5) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than three hundred sixty-four days, or by both fine and imprisonment; except that, for a first offense, the fine shall not exceed two hundred fifty dollars and the sentence of imprisonment shall not exceed one hundred twenty days.

C.R.S. § 1-13-725 False slate of presidential electors - penalties

1-13-725. False slate of presidential electors - penalties. (1) (a) A person who knowingly enters into an agreement, including a written agreement, oral agreement, or agreement using electronic communications, with one or more individuals to commit offering of a false instrument for recording or forgery commits conspiring to commit offering of a false instrument for recording or forgery. (b) A person who knowingly signs, files, transmits, or records with the secretary of state, the archivist of the United States, the president of the United States senate, the United States congress, or a Colorado federal district court judge a list of presidential electors who voted for candidates for president and vice president of the United States who did not receive the highest number of votes in the state at a general election at which the offices of president and vice president of the United States were contested commits offering of a false instrument for recording as set forth in section 18-5-114. If the interstate compact, "Agreement Among the States to Elect the President by National Popular Vote", described in part 40 of article 60 of title 24, is in effect and the state's electoral votes are awarded to the winner of the national popular vote, the provisions of this subsection (1)(b) shall apply to individuals who sign, file, transmit, or record a list of presidential electors who voted for candidates for president and vice president of the United States who the secretary of state did not designate as the national popular vote winner. (c) A person who has not been elected as a presidential elector in a general election and who knowingly votes as a presidential elector for candidates for president and vice president of the United States who did not receive the highest number of votes in the state at a general election at which the offices of president and vice president of the United States were contested, or who inputs information into a form, certificate, or other paper or document required of presidential electors that was not provided by the secretary of state pursuant to section 1-4-304 commits forgery as set forth in section 18-5-102. If the interstate compact, "Agreement Among the States to Elect the President by National Popular Vote", described in part 40 of article 60 of title 24, is in effect and the state's electoral votes are awarded to the winner of the national popular vote, the provisions of this subsection (1)(c) shall apply to a person who knowingly votes as a presidential elector for candidates for president and vice president of the United States who the secretary of state did not designate as the national popular vote winner. (d) For purposes of this section, a person who has not been elected as a presidential elector in a general election and who knowingly and falsely swears or attests to the oath required by law for presidential electors under section 1-4-304 (1) commits perjury. (e) For purposes of this section, a person who has not been elected as a presidential elector in a general election and who induces another person who has not been elected as a presidential elector in a general election to knowingly and falsely swear or attest to the oath required by law for presidential electors under section 1-4-304 (1) commits subornation of perjury. (2) (a) Upon conviction for conspiring to offer a false instrument for recording or forgery, as set forth in subsection (1)(a) of this section, offering a false instrument for recording, as set forth in subsection (1)(b) of this section, or forgery, as set forth in subsection (1)(c) of this section, the court shall impose a fine of not more than ten thousand dollars on the defendant. of perjury. (2) (a) Upon conviction for conspiring to offer a false instrument for recording or forgery, as set forth in subsection (1)(a) of this section, offering a false instrument for recording, as set forth in subsection (1)(b) of this section, or forgery, as set forth in subsection (1)(c) of this section, the court shall impose a fine of not more than ten thousand dollars on the defendant. (b) If the defendant is convicted of perjury as described in subsection (1)(d) of this section, or subornation of perjury as described in subsection (1)(e) of this section, the court shall order that the defendant is ineligible to be a member of the general assembly and incapable of holding any office of trust or profit in the state, as provided by section 4 of article XII of the state constitution, and impose a fine of not more than ten thousand dollars on the defendant.

C.R.S. § 1-13-801 Mailing other materials with mail ballot

1-13-801. Mailing other materials with mail ballot. It is unlawful for any county clerk and recorder to deliver or mail to a registered elector, as a part of or in connection with the mail ballot, anything other than the voting material as provided in article 7.5 of this title 1. Any person who violates this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-802 Delivery of a mail ballot outside county clerk and recorder's office

1-13-802. Delivery of a mail ballot outside county clerk and recorder's office. No county clerk and recorder shall make personal delivery of any mail ballot to an elector unless such delivery occurs within the confines of the official office of such county clerk and recorder, except as otherwise provided in section 1-7.5-113. Any delivery contrary to this section renders void the ballot to which it relates. Any county clerk and recorder who violates this section upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-803 Offenses relating to voting by mail ballot

1-13-803. Offenses relating to voting by mail ballot. Any election official or other person who knowingly violates article 7.5 or 13.5 of this title 1 relative to the casting of mail ballots or who aids or abets fraud in connection with any vote cast, to be cast, or attempted to be cast by a mail voter upon conviction shall be punished as provided in section 1-13-111.

C.R.S. § 1-13-804 Duty to report lost, stolen, or late ballots - penalty

1-13-804. Duty to report lost, stolen, or late ballots - penalty. Any person responsible for preparing, issuing, transporting, or mailing ballots who has personal knowledge that mail ballots under that person's care have been either lost or stolen or will, for any reason, not be timely delivered to electors, shall report the issue to the county clerk and recorder. Any person who knowingly and willfully fails to report as required by this section upon conviction shall be punished as provided in section 1-13-111. This section shall not apply to election judges, staff of the county clerk and recorder, or individual United States postal workers.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-01.docxFetched: 10/6/2026

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