Conduct of Elections

C.R.S. tit. 1, art. 7
in effect

C.R.S. § 1-7-101 Hours of voting on election day

1-7-101. Hours of voting on election day. (1) (a) All polling locations must be open continuously from 7 a.m. until 7 p.m. on 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 1-6-113, the election may commence when two judges who are not of the same political affiliation for partisan elections are present at any hour before the time for closing the polling locations. The polling locations shall remain open after 7 p.m. until every eligible elector who was at the polling location at or before 7 p.m. has been allowed to vote. Except as provided in subsection (1)(b) of this section, any person arriving after 7 p.m. is not entitled to vote. (b) (I) Any person may petition the district court for the county in which a polling location is located for an order requiring a polling location to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at the polling location has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance. (II) If the condition impairing voting at or access to polling locations affects polling locations in more than one county, any person may petition the district court of the city and county of Denver for an order requiring the secretary of state to order all polling locations in all affected counties to remain open after 7 p.m. on election day. The district court shall grant the petition upon a finding that access to or voting at one or more polling locations in the affected counties has been substantially impaired due to inclement weather, equipment failure, technological problems, voter suppression activities, a shortage of supplies, or other exigent circumstance. (III) If an order is issued in accordance with this subsection (1)(b), every eligible elector who was at a polling location affected by the order at or before the closing time specified in the order shall be allowed to vote. The court shall not order polling locations to remain open for more than an additional six hours. (1.5) Each drop box must be open until 7 p.m. on election day. Each drop box must remain open after 7 p.m. until every eligible elector who was in line at the drop box at or before 7 p.m. has been allowed to deposit all ballots the person brought in the drop box, subject to the limitation set forth in section 1-7.5-107 (4)(b)(I)(B). (2) Upon the opening of the polls, a proclamation shall be made by one of the judges that the polls are open, and, thirty minutes before the closing of the polls, a proclamation shall be made that the polls will close in thirty minutes.

C.R.S. § 1-7-102 Employees entitled to vote

1-7-102. Employees entitled to vote. (1) Eligible electors entitled to vote at an election shall be entitled to absent themselves for the purpose of voting from any service or employment in which they are then engaged or employed on the day of the election for a period of two hours during the time the polls are open. Any such absence shall not be sufficient reason for the discharge of any person from service or employment. Eligible electors, who so absent themselves shall not be liable for any penalty, nor shall any deduction be made from their usual salary or wages, on account of their absence. Eligible electors who are employed and paid by the hour shall receive their regular hourly wage for the period of their absence, not to exceed two hours. Application shall be made for the leave of absence prior to the day of election. The employer may specify the hours during which the employee may be absent, but the hours shall be at the beginning or end of the work shift, if the employee so requests. (2) This section shall not apply to any person whose hours of employment on the day of the election are such that there are three or more hours between the time of opening and the time of closing of the polls during which the elector is not required to be on the job.

C.R.S. § 1-7-103 No voting unless eligible - first-time voters casting a ballot in person after having registered by mail to vote

1-7-103. No voting unless eligible - first-time voters casting a ballot in person after having registered by mail to vote. (Repealed)

C.R.S. § 1-7-104 Affidavits of eligibility

1-7-104. Affidavits of eligibility. In any election where the list of registered electors and property owners is not divided by precinct or where an elector's name is not on the list of registered electors or property owners, an affidavit signed by the eligible elector stating that the elector has not previously voted in the election may be required prior to allowing the elector to cast a ballot.

C.R.S. § 1-7-105 Watchers at primary elections

1-7-105. Watchers at primary elections. (1) (a) (I) Each political party participating in a primary election is entitled to have watchers as follows: (A) In a central count facility, one watcher per central count process, but in any case not less than one watcher for every ten election judges; (B) During signature verification, one watcher for every four election judges; and (C) At each voter service and polling center, one watcher or one watcher per voter service and polling center process. (II) Notwithstanding the provisions of subsection (1)(a)(I) of this section, the number of watchers permitted in a room at one time is subject to space limitations and local safety codes. (b) The state chair or the chairperson of the county central committee of each political party shall certify the persons selected as watchers on standardized forms provided by the secretary of state and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the state chair or chairperson shall submit the names by the close of business on the Friday immediately preceding the election. (2) In addition, candidates for nomination on the ballot of any political party in a primary election are entitled to have no more than one watcher at any one time in each voter service and polling center and watchers at each place where votes are counted in each county in which they are a candidate in accordance with this article 7 and rules promulgated by the secretary of state. Each candidate shall certify the persons appointed as watchers on forms provided by the county clerk and recorder and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate shall submit the names by the close of business on the Friday immediately preceding the election.

C.R.S. § 1-7-106 Watchers at general and congressional vacancy elections

1-7-106. Watchers at general and congressional vacancy elections. (1) Each participating political party or issue committee whose candidate or issue is on the ballot, and each unaffiliated and write-in candidate whose name is on the ballot for a general or congressional vacancy election, is entitled to have watchers as specified in subsection (2) of this section. The chairperson of the county central committee or the state chairperson of each major political party, the county chairperson or other authorized official of each minor political party, the issue committee, or the write-in or unaffiliated candidate shall certify the names of one or more persons selected as watchers on standardized forms provided by the secretary of state and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the chairperson, authorized official, issue committee, or candidate shall submit the names by the close of business on the Friday immediately preceding the election. The watchers shall surrender the certificates to the election judges at the time they enter the voter service and polling center and are sworn by the judges. This section does not prevent party candidates or county party officers from visiting voter service and polling centers or drop-off locations to observe the progress of voting. (2) (a) Each participating political party or issue committee whose candidate or issue is on the ballot, and each unaffiliated and write-in candidate whose name is on the ballot for a general or congressional vacancy election, is entitled to have watchers as follows: (I) In a central count facility, one watcher per central count process, but in any case not less than one watcher for every ten election judges; (II) During signature verification, one watcher for every four election judges; and (III) At each voter service and polling center, one watcher per voter service and polling center process. (b) Notwithstanding the provisions of subsection (2)(a) of this section, the number of watchers permitted in a room at one time is subject to space limitations and local safety codes.

C.R.S. § 1-7-107 Watchers at nonpartisan elections

1-7-107. Watchers at nonpartisan elections. Candidates for office in nonpartisan elections, and proponents and opponents of a ballot issue, are each entitled to appoint one person to act as a watcher in every polling place in which they are a candidate or in which the issue is on the ballot. The candidates or proponents and opponents shall certify the names of persons so appointed to the designated election official on forms provided by the official and submit the names of the persons selected as watchers to the county clerk and recorder. To the extent possible, the candidate, proponent, or opponent shall submit the names by the close of business on the Friday immediately preceding the election.

C.R.S. § 1-7-108 Requirements of watchers

1-7-108. Requirements of watchers. (1) Watchers shall take an oath administered by one of the election judges that they are eligible electors, that their name has been submitted to the designated election official as a watcher for this election, and that they will not in any manner make known to anyone the result of counting votes until the polls have closed. (2) Neither candidates nor members of their immediate families by blood, marriage, or civil union to the second degree may be poll watchers for that candidate. (3) Each watcher shall have the right to maintain a list of eligible electors who have voted, to witness and verify each step in the conduct of the election from prior to the opening of the polls through the completion of the count and announcement of the results, to challenge ineligible electors, and to assist in the correction of discrepancies. (4) (a) A county clerk and recorder or designated election official shall revoke the certificate of a watcher who uses a mobile phone or other electronic device to take or record pictures or video in any polling location or other place where election activities are conducted and where voters' confidential or personally identifiable information is within view. (b) Nothing in subsection (4)(a) of this section prohibits a watcher from using a phone to send or receive text messages while watching election activities so long as the watcher is not located where personally identifiable information is within view.

C.R.S. § 1-7-109 Judges to keep pollbooks

1-7-109. Judges to keep pollbooks. (Repealed)

C.R.S. § 1-7-110 Preparing to vote in person

1-7-110. Preparing to vote in person. (1) (a) When an elector appears in person to vote, a signature card containing the elector's name and residential address, as they appear in the statewide voter registration system created in section 1-2-301, shall be completed. Unless an elector is registering for the first time or updating the elector's voter registration information, the elector shall not be required to provide any information on the signature card in addition to the elector's name, residential address, and signature. (b) Except as provided in subsection (4) of this section, an eligible elector desiring to vote in person shall show his or her identification as defined in section 1-1-104 (19.5), verify the information that appears on the signature card, sign the signature card, and give the signature card to one of the election judges. An eligible elector who is unable to write may request assistance from one of the election judges, who shall also sign the signature card and witness the eligible elector's mark. The signature card must provide: I, ....................., affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; and this is the only ballot I have voted in this election. (2) If the eligible elector shows his or her identification within the meaning of section 1-1-104 (19.5) and the elector's name is found on the registration list or, where applicable, the property owner's list by the election judge in charge, the judge in charge of the pollbook or list shall enter the eligible elector's name, and the eligible elector shall be allowed to enter the immediate voting area. Besides the election officials, no more than four electors more than the number of voting booths shall be allowed within the immediate voting area at one time. (2.5) If the elector's qualification to vote is established by the completion of an affidavit, and if the affidavit contains all of the information required in subsection (1) of this section, then the designated election official shall consider the affidavit the signature card. (3) The election judges shall return the signed signature cards with other election materials to the designated election official. (4) An eligible elector who is unable to produce identification may cast a provisional ballot in accordance with article 8.5 of this title. (5) An eligible elector who does not reside within the county but wishes to vote at a polling location is entitled to receive a mail ballot or replacement mail ballot that contains the names of candidates for statewide federal and state offices and statewide ballot issues and ballot questions. The secretary of state shall certify the content of the ballot to the county clerk and recorder. (6) A registered elector who will not have been a Colorado resident for at least twenty-two days immediately before a presidential general election may cast a provisional ballot, in accordance with article 8.5 of this title 1, that includes only a vote for president and vice president in that general election.

C.R.S. § 1-7-111 Electors requiring assistance

1-7-111. Electors requiring assistance. (1) (a) If at any election, any registered elector declares to the election judges that, by reason of disability, inability to read or write, or difficulties with the English language, he or she is unable to prepare the ballot or operate the voting device or electronic voting device without assistance, the elector is entitled, upon making a request, to receive the assistance of any one of the election judges or, at the elector's option, any person selected by the eligible elector requiring assistance. (b) Any person other than an election judge who assists an eligible elector in the precinct in casting his or her ballot shall first complete the following voter assistance self-affirmation form: "I, ...................., certify that I am the individual chosen by the elector to assist the elector in casting a ballot. I further certify that I will not in any way attempt to persuade or induce the elector to vote in a particular manner, nor will I cast the elector's vote other than as directed by the elector I am assisting.". (2) and (3) Repealed.

C.R.S. § 1-7-112 Non-English speaking electors - assistance

1-7-112. Non-English speaking electors - assistance. (Repealed)

C.R.S. § 1-7-113 Influencing electors

1-7-113. Influencing electors. No person who assists an elector as authorized by this title shall seek to persuade or induce the eligible elector to vote in a particular manner.

C.R.S. § 1-7-114 Write-in votes

1-7-114. Write-in votes. (1) Eligible electors may cast a write-in vote for a candidate who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101 by writing the name of the person in the blank space provided for write-in candidates on the ballot. Each write-in vote may include a reasonably correct spelling of a given name, an initial or nickname, or both a given name and an initial or nickname, and shall include the last name of the person for whom the vote is intended. Whenever write-in votes are cast, they shall be counted only when the intention of the elector is clearly apparent. (2) A vote for a write-in candidate shall not be counted unless that candidate is qualified to hold the office for which the elector's vote was cast. (3) If the elector has cast more votes for an office than he or she is lawfully entitled to cast, by voting for both a candidate appearing on the ballot and a valid write-in candidate, neither of the votes for the office shall be counted. (4) (a) The designated election official shall make a list of eligible write-in candidates and provide the list to the election judges. The order of the write-in candidates on such list may be determined by the time of filing the affidavit pursuant to section 1-4-1101. (b) Except as may be required to accommodate a person with a disability, election judges shall not verbally comment on write-in candidates. Upon request of an eligible elector, an election judge may display to the requesting elector the list of eligible write-in candidates provided to the judges by the designated election official. The list shall not be posted nor may the list be taken into a voting booth. (c) A designated election official may post the list of eligible write-in candidates on the official website of the designated election official.

C.R.S. § 1-7-115 Time in voting area

1-7-115. Time in voting area. Eligible electors shall cast their ballots without undue delay and shall leave the immediate voting area as soon as voting is complete. An eligible elector shall not enter a voting booth already occupied by another eligible elector. An eligible elector shall not occupy a voting booth for longer than the time determined by the secretary of state by rule if all the booths are in use and other eligible electors are waiting to use them. No eligible elector whose name has been entered on the pollbook shall be allowed to reenter the immediate voting area during the election, except an election judge.

C.R.S. § 1-7-116 Coordinated elections - definition

1-7-116. Coordinated elections - definition. (1) (a) If more than one political subdivision holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the county clerk and recorder is the coordinated election official and, pursuant to section 1-5-401, shall conduct the elections on behalf of all political subdivisions whose elections are part of the coordinated election, utilizing the mail ballot procedure set forth in article 7.5 of this title. As used in this subsection (1), "political subdivision" includes the state, counties, municipalities, school districts, and special districts formed pursuant to title 32, C.R.S. (b) Paragraph (a) of this subsection (1) does not apply to any political subdivision that conducts a mail ballot election or an independent mail ballot election, as defined in section 1-13.5-1102, using mail ballot procedures set forth in article 7.5 or 13.5 of this title or the "Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S., as appropriate. As used in this paragraph (b), "political subdivision" means a municipality as defined in section 31-1-101, C.R.S., or a special district as defined in section 1-13.5-103. (c) A county clerk and recorder is not required to conduct any election using the procedures set forth in article 13.5 of this title. (d) On and after January 1, 2023, a statutory city or town or home rule municipality may refer a municipal election using instant runoff voting to be conducted as part of a coordinated election in accordance with section 1-7-118. If required by section 1-7-118, a county clerk and recorder shall conduct the election on behalf of the municipality as part of the coordinated election in accordance with this section and section 1-7-118. Failure to receive the notice required by section 1-7-118 in a timely manner does not prohibit the county clerk and recorder from entering into and performing an intergovernmental agreement to conduct the instant runoff voting election as part of the coordinated election. (2) The political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder for the county or counties in which the political subdivision is located concerning the conduct of the coordinated election. The agreement shall be signed no later than seventy days prior to the scheduled election. The agreement shall include but not be limited to the following: (a) Allocation of the responsibilities between the county clerk and recorder and the political subdivisions for the preparation and conduct of the coordinated election; and (b) Provision for a reasonable sharing of the actual cost of the coordinated election among the county and the political subdivisions. For such purpose, political subdivisions are not responsible for sharing any portion of the usual costs of maintaining the office of the county clerk and recorder, including but not limited to overhead costs and personal services costs of permanent employees, except for such costs that are shown to be directly attributable to conducting coordinated elections on behalf of political subdivisions. Notwithstanding any other provision of this section, the state's share of the actual costs of the coordinated election shall be governed by the provisions of section 1-5-505.5. (2.5) Notwithstanding any other provision of this section, the scientific and cultural facilities district's share of the actual costs of the coordinated election shall be governed by the provisions of section 32-13-107 (5), C.R.S. anding any other provision of this section, the state's share of the actual costs of the coordinated election shall be governed by the provisions of section 1-5-505.5. (2.5) Notwithstanding any other provision of this section, the scientific and cultural facilities district's share of the actual costs of the coordinated election shall be governed by the provisions of section 32-13-107 (5), C.R.S. (3) Notwithstanding the provision for independent mail ballot elections in subsection (1) of this section, the ballot issue notice shall be prepared and mailed in substantial compliance with part 9 of this article 7, and the preparation and mailing thereof shall be made pursuant to an agreement as provided in subsection (2) of this section. An agreement under this subsection (3) may allow the political subdivision to prepare and mail a separate notice. (4) (Deleted by amendment, L. 94, p. 1163, § 36, effective July 1, 1994.) (5) If, by one hundred days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder in writing. Failure to receive such notice in a timely manner does not prohibit the county clerk and recorder from entering into and performing an intergovernmental agreement to conduct the coordinated election on behalf of the political subdivision.

C.R.S. § 1-7-118 Ranked voting in a coordinated election - procedure - costs - definition

1-7-118. Ranked voting in a coordinated election - procedure - costs - definition. (1) On and after January 1, 2023, a municipality located in a single county that takes formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election, as defined in section 1-7-116, by providing written notice to the county clerk and recorder conducting the election at least one hundred days before the election. If the county uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting, the county clerk and recorder shall conduct the election as part of the coordinated election in accordance with this section and section 1-7-116. In addition to the requirements of section 1-7-116 (2), the agreement between the county clerk and recorder and the municipality must include a plan for conducting the voter education campaign required by section 1-7-1003 (5)(b). The county clerk and recorder conducting the election shall, with input from the municipality, determine the maximum number of choices an elector may rank in accordance with section 1-7-1003 (1). (2) A municipality that refers an election using instant runoff voting to be conducted as part of a coordinated election shall pay for the reasonable increased costs associated with the use of instant runoff voting in the coordinated election, including but not limited to costs related to election setup licensing costs pursuant to section 1-5-603 (2), programming, ballot design, additional voter information and education, and tabulation. (3) (a) On and after July 1, 2026, a municipality located in more than one county that takes formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election, as defined in section 1-7-116, by providing written notice to each county clerk and recorder conducting the election at least one hundred days before the election. The county clerk and recorder of each such county shall conduct the election as part of the coordinated election only if: (I) The municipality timely provides the notice required by subsection (1) of this section to each county clerk and recorder; (II) Each county clerk and recorder uses a voting system that is certified by the secretary of state for use in an election using instant runoff voting; and (III) The data from the voting systems used by all such counties can be tabulated together in accordance with rules established by the secretary of state in accordance with subsection (5) of this section. (b) If the requirements of subsection (3)(a) of this section are met, the municipality and the counties shall enter into an agreement concerning the conduct of the election in accordance with section 1-7-116 (2). In addition to the requirements of section 1-7-116 (2), the agreement must: (I) Include a plan for conducting the voter education campaign required by section 1-7-1003 (5)(b); (II) Establish the maximum number of choices an elector may rank on the ballot in accordance with section 1-7-1003 (1); and (III) Adopt procedures for the county canvass boards to reconcile the ballots and certify the abstract of votes for the instant runoff voting election in accordance with rules established by the secretary of state pursuant to subsection (5) of this section. (c) If the requirements of subsection (3)(a) of this section are not met, the instant runoff voting election shall not be conducted as part of the coordinated election. The municipality may conduct the election in accordance with part 10 of this article 7 or the municipality's charter, as applicable, and the "Colorado Municipal Election Code of 1965", article 10 of title 31. (4) For each election using instant runoff voting that is conducted as part of a coordinated election: tant runoff voting election shall not be conducted as part of the coordinated election. The municipality may conduct the election in accordance with part 10 of this article 7 or the municipality's charter, as applicable, and the "Colorado Municipal Election Code of 1965", article 10 of title 31. (4) For each election using instant runoff voting that is conducted as part of a coordinated election: (a) Each county clerk and recorder conducting the election shall provide the explanation of ranked voting and instructions for electors required by section 1-7-1003 (5)(a); and (b) If the instant runoff voting election is conducted in multiple counties pursuant to subsection (3)(a) of this section, each county canvass board shall certify the abstract of votes cast and provide tabulation data to the designated election official for the municipality in accordance with rules promulgated by the secretary of state. (5) On or before April 1, 2023, the secretary of state shall adopt rules concerning the tabulation, reporting, and canvassing of results for a coordinated election using instant runoff voting conducted by a single county. On or before January 1, 2026, the rules must include provisions for an instant runoff voting election conducted by multiple counties. (6) As used in this section, "municipality" means a statutory city or town or a home rule municipality.

C.R.S. § 1-7-119 Voter service and polling centers - electors - use of mobile phones

1-7-119. Voter service and polling centers - electors - use of mobile phones. An elector may take a mobile phone or other electronic device into a voter service and polling center so long as the elector does not make or receive any phone calls, except for calls to or from the multilingual ballot hotline established pursuant to section 1-5-904, or take any pictures or videos other than images of the elector's own person or ballot.

C.R.S. § 1-7-201 Voting at primary election

1-7-201. Voting at primary election. (1) Any registered elector including a preregistrant who is eligible under section 1-2-101 (2)(c), who has declared an affiliation with a political party that is participating in a primary election and who desires to vote for candidates of that party at a primary election shall show identification, as defined in section 1-1-104 (19.5), write the registered elector's name and address on a form available at the voter service and polling center, and give the form to one of the election judges. (2) If the name is found on the registration list, the election judge having charge of the list shall likewise repeat the elector's name and present the elector with the party ballot of the political party affiliation last recorded. (2.3) An eligible unaffiliated elector, including a preregistrant who is eligible under section 1-2-101 (2)(c), is entitled to vote in the primary election of a major political party without affiliating with that political party. To vote in a political party's primary election without declaring an affiliation with the political party, any eligible unaffiliated elector shall declare to the election judges the name of the political party in whose primary election the elector wishes to vote. Thereupon, the election judges shall deliver the appropriate party ballot to the elector. In addition, any eligible unaffiliated elector may openly declare to the election judges the name of the political party with which the elector wishes to affiliate and complete the necessary forms. An eligible elector must separately date and sign or date and initial a declaration of affiliation with a political party form in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. (3) Forms completed by eligible electors, as provided in subsection (1) of this section, shall be returned with other election materials to the county clerk and recorder. If no challenges have been made, the forms may be destroyed pursuant to section 1-7-802. (4) Party ballots shall be cast in the same manner as in general elections. An elector shall not vote for more candidates for any office than are to be elected at the general election as indicated on the ballot. (5) Instead of voting for a candidate whose name is printed on the party ballot, an elector may cast a write-in vote for any eligible candidate who is a member of the major political party and who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101. When no candidate has been designated by an assembly or by petition, a write-in candidate for nomination by any major political party must receive at least the number of votes at any primary election that is required by section 1-4-801 (2) to become designated as a candidate by petition. (6) The provisions of subsections (1), (2), and (4) of this section shall not apply to a primary election conducted as a mail ballot election pursuant to article 7.5 of this title.

C.R.S. § 1-7-202 Count and certification

1-7-202. Count and certification. (Repealed)

C.R.S. § 1-7-203 Accounting forms

1-7-203. Accounting forms. The county clerk and recorder shall furnish each precinct with two sets of accounting forms for each major political party having candidates at the primary election. The forms shall be furnished at the same time and in the same manner as ballots. All accounting forms shall have the proper party designation at the top thereof and shall state the precinct, county, and date of the primary election. The secretary of state shall prescribe the accounting forms to be used.

C.R.S. § 1-7-301 Judges open ballot box first

1-7-301. Judges open ballot box first. Immediately before proclamation is made of the opening of the polls, the election judges shall open the ballot box in the presence of those assembled and shall turn it upside down so as to empty it of anything that may be in it and then shall lock it securely. No ballot box shall be reopened until the time for counting the ballots therein.

C.R.S. § 1-7-302 Electors given only one ballot

1-7-302. Electors given only one ballot. Election judges shall give to each eligible elector a single ballot after issuing vote credit to the elector in the statewide voter registration system created in section 1-2-301.

C.R.S. § 1-7-303 Spoiled ballots

1-7-303. Spoiled ballots. No person, except an election judge as authorized by the designated election official, shall remove any ballot from the polling place or voter service and polling center before the close of the polls. Any eligible elector who spoils a ballot may obtain others, one at a time, not exceeding three in all, upon returning each spoiled ballot. The spoiled ballots thus returned shall be immediately canceled and shall be preserved and returned to the designated election official as provided in section 1-7-701. Nothing in this section prohibits an elector from obtaining a replacement ballot pursuant to section 1-7.5-107.

C.R.S. § 1-7-304 Manner of voting in person

1-7-304. Manner of voting in person. (1) Each eligible elector, upon receiving a ballot, shall immediately proceed unaccompanied to one of the voting booths provided. To cast a vote, the eligible elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the name of the candidate or the names of the joint candidates of the elector's choice for each office to be filled. In the case of a ballot issue, the elector shall clearly fill the oval, connect the arrow, or otherwise appropriately mark the appropriate place opposite the answer that the elector desires to give. (2) Each eligible elector who has completed the ballot and is ready to vote shall then leave the voting booth and approach the election judges having charge of the ballot box. The elector shall, in full view of the election judges, deposit it in the ballot box.

C.R.S. § 1-7-305 Counting by counting judges

1-7-305. Counting by counting judges. (1) In precincts having counting judges, the receiving judges, at 8 a.m., or as soon thereafter as the counting judges request the ballot box, shall deliver to the counting judges the ballot box containing all ballots that have been cast up to that time, and the receiving judges shall then proceed to use the other ballot box furnished for voting. The receiving judges shall open, empty, and lock the alternate ballot box in the manner prescribed in section 1-7-301. (2) When the counting judges have counted the votes in a ballot box, they shall return the empty ballot box to the receiving judges and exchange it for the box containing ballots cast since taking possession of the first ballot box. The judges shall continue to exchange ballot boxes in the same manner during the day until the polls are closed and shall continue counting until all ballots have been counted. (3) When an exchange of ballot boxes is made as described in subsection (2) of this section, the receiving judges shall sign and furnish to the counting judges a statement showing the number of ballots that are to be found in each ballot box as indicated by the pollbooks. The counting judges shall then count ballots in the manner prescribed in section 1-7-307. (4) The governing body may provide a separate room or building for the counting judges but, when ballot boxes are moved from one room or building to another, they shall be under the constant observation of at least one of the counting judges.

C.R.S. § 1-7-306 Counting by receiving judges

1-7-306. Counting by receiving judges. (Repealed)

C.R.S. § 1-7-307 Method of counting paper ballots

1-7-307. Method of counting paper ballots. (1) The election judges shall first count the number of ballots in the box. If the ballots are found to exceed the number of names entered on each of the pollbooks, the election judges shall then examine the official endorsements. If, in the unanimous opinion of the judges, any of the ballots in excess of the number on the pollbooks are deemed not to bear the proper official endorsement, they shall be put into a separate pile and into a separate record, and a return of the votes in those ballots shall be made under the heading "excess ballots". When the ballots and the pollbooks agree, the judges shall proceed to count the votes. (2) Each ballot shall be read and counted separately. Every name and all names of joint candidates separately marked as voted for on the ballot shall be read and an entry made on each of two accounting forms before any other ballot is counted. The entire number of ballots, excepting "excess ballots", shall be read, counted, and placed on the accounting forms in like manner. When all of the ballots, except "excess ballots", have been counted, the election judges shall post the votes from the accounting forms. (3) When all the votes have been read and counted, the ballots shall be returned to the ballot box, the opening shall be carefully sealed, and the election judges shall place their initials on the seal. The cover shall then be locked and the ballot box delivered to the designated election official, as provided in section 1-7-701. (4) All persons, except election judges and watchers, shall be excluded from the place where the ballot counting is being held until the count has been completed.

C.R.S. § 1-7-308 Judges to keep accounting forms

1-7-308. Judges to keep accounting forms. (Repealed)

C.R.S. § 1-7-309 Determination of improperly marked ballots

1-7-309. Determination of improperly marked ballots. (1) Votes cast for an office to be filled or a ballot issue to be decided shall not be counted if an elector marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot issue; except that an elector's rankings of multiple candidates in an election using instant runoff voting shall be recorded and counted in accordance with section 1-7-1003 and rules promulgated by the secretary of state. (2) A defective or an incomplete cross mark on any ballot in a proper place shall be counted if no other cross mark appears on the ballot indicating an intention to vote for some other candidate or ballot issue. (3) No ballot shall be counted unless it has the official endorsement required by section 1-7-302. (4) Ballots not counted because of the election judges' inability to determine the elector's intent for all candidates and ballot issues shall be marked "defective" on the back, banded together and separated from the other ballots, returned to the ballot box, and preserved by the designated election official pursuant to section 1-7-801. (5) When the election judges in any precinct discover in the counting of votes that the name of any write-in candidate voted for is misspelled or omitted in part, the vote for that candidate shall be counted if the writing meets the requirements of section 1-7-114 (1).

C.R.S. § 1-7-401 Judges to inspect machines

1-7-401. Judges to inspect machines. In each voter service and polling center, the election judges shall meet before the time set for the opening of the voter service and polling center on each day of voting at that location. The judges shall carefully examine each electromechanical voting system component and ballot box used in the voter service and polling center to ensure that no seal has been broken.

C.R.S. § 1-7-402 Sample ballots - ballot labels

1-7-402. Sample ballots - ballot labels. (Repealed)

C.R.S. § 1-7-403 Instruction to electors

1-7-403. Instruction to electors. In case any elector, after entering the immediate voting area, asks for further instructions concerning the manner of voting, an election judge shall give instructions to the elector. No election judge or other election official or person assisting an elector shall enter the immediate voting area, except as provided in section 1-7-111. After receiving instructions, the elector shall vote as if unassisted.

C.R.S. § 1-7-404 Judge to inspect voting machine

1-7-404. Judge to inspect voting machine. No person shall deface or damage any electromechanical voting system component. At such intervals as may be deemed necessary, an election judge shall examine each component to ascertain whether it has been defaced or damaged to ensure that seals are intact and to detect any wrongdoing.

C.R.S. § 1-7-406 Close of polls and count - seals

1-7-406. Close of polls and count - seals. (Repealed)

C.R.S. § 1-7-407 Close of polls - primary

1-7-407. Close of polls - primary. (Repealed)

C.R.S. § 1-7-408 Judges to keep accounting forms

1-7-408. Judges to keep accounting forms. (Repealed)

C.R.S. § 1-7-501 Judges open ballot box first

1-7-501. Judges open ballot box first. Immediately before proclamation is made of the opening of the polls, the election judges shall open the ballot box in the presence of those assembled and shall turn it upside down so as to empty it of anything that may be in it and then shall lock it securely. No ballot box shall be reopened until the time for counting the ballots or ballot cards therein.

C.R.S. § 1-7-502 Elector given only one ballot or ballot card

1-7-502. Elector given only one ballot or ballot card. (Repealed)

C.R.S. § 1-7-504 Spoiled ballot or ballot card

1-7-504. Spoiled ballot or ballot card. In polling locations in which voting is on a ballot or ballot card, no person, except an election judge as authorized by the designated election official, shall remove a spoiled ballot or ballot card from the polling location before the close of the polls. Any eligible elector who spoils a ballot or ballot card may successively obtain others, one at a time, not exceeding three in all, upon returning each spoiled ballot or ballot card. The spoiled ballots or ballot cards thus returned shall be immediately canceled and shall be preserved and returned to the designated election official as provided in section 1-7-701. Nothing in this section prohibits an elector from obtaining a replacement ballot pursuant to section 1-7.5-107.

C.R.S. § 1-7-505 Close of polls - security of voting machinery

1-7-505. Close of polls - security of voting machinery. (Repealed)

C.R.S. § 1-7-506 Electronic vote-counting - test

1-7-506. Electronic vote-counting - test. (Repealed)

C.R.S. § 1-7-506.5 Testing of voting systems and tabulating equipment

1-7-506.5. Testing of voting systems and tabulating equipment. (Repealed)

C.R.S. § 1-7-507 Electronic vote-counting - procedure

1-7-507. Electronic vote-counting - procedure. (1) All proceedings at the counting centers shall be under the direction of the designated election official and the representatives of the political parties, if a partisan election, or watchers, if a nonpartisan election. No persons, except those authorized for the purpose, shall touch any ballot, ballot card, "prom" or other electronic device, or return. (2) All persons who are engaged in the processing and counting of the ballots or recorded precinct votes shall be deputized in writing and take an oath that they will faithfully perform their assigned duties. (3) The return printed by the electronic vote-tabulating equipment, to which have been added write-in votes, shall, when certified by the designated election official, constitute the official return of each precinct. The designated election official may, from time to time, release unofficial returns. Upon completion of the count, the official returns shall be open to the public. (4) and (5) Repealed. (6) If a software or hardware malfunction makes it impossible to count all or a part of the ballots with electronic vote-tabulating equipment, the secretary of state, after consultation with the designated election official, may permit the designated election official to direct that such ballots be counted manually, following as far as practicable the provisions governing the counting of paper ballots as provided in section 1-7-307. (7) The receiving, opening, and preservation of the transfer boxes and their contents shall be the responsibility of the designated election official, who shall provide adequate personnel and facilities to assure accurate and complete election results. Any indication of tampering with the ballots, ballot card, or other fraudulent action shall be immediately reported to the district attorney, who shall immediately investigate the action and report the findings in writing within ten days to the designated election official and shall prosecute to the full extent of the law any person or persons responsible for the fraudulent action. (8) Repealed. / (Deleted by amendment, L. 2004, p. 1359, § 21, effective January 1, 2006.)

C.R.S. § 1-7-508 Determination of improperly marked ballots

1-7-508. Determination of improperly marked ballots. (1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote-counting equipment, a true duplicate copy shall be made of the damaged ballot by a bipartisan team of election judges. The duplicate ballot shall be substituted for the damaged ballot. Every duplicate ballot shall be clearly labeled as such and shall bear a serial number which shall be recorded on the damaged ballot. (2) Votes cast for an office to be filled or a ballot question or ballot issue to be decided shall not be counted if a voter marks more names than there are persons to be elected to an office or if for any reason it is impossible to determine the elector's choice of candidate or vote concerning the ballot question or ballot issue; except that an elector's rankings of multiple candidates in an election using instant runoff voting shall be recorded and counted in accordance with section 1-7-1003 and rules promulgated by the secretary of state. A defective or an incomplete mark on any ballot in a proper place shall be counted if no other mark is on the ballot indicating an intention to vote for some other candidate or ballot question or ballot issue. (3) No ballot shall be counted unless it has the official endorsement required by section 1-5-407 (1). (4) Ballots not counted because of the election judges' inability to determine the elector's intent for all candidates and ballot issues shall be marked "defective" on the back, banded together, separated from the other ballots, and preserved by the designated election official pursuant to section 1-7-801.

C.R.S. § 1-7-509 Electronic and electromechanical vote counting - testing of equipment required - rules

1-7-509. Electronic and electromechanical vote counting - testing of equipment required - rules. (1) (a) An electronic or electromechanical voting system shall be tested at the conclusion of maintenance and testing. The tests shall be sufficient to determine that the voting system is properly programmed, the election is correctly defined on the voting system, and all of the voting system's input, output, and communication devices are working properly. (b) The designated election official shall conduct at least three tests on all electronic and electromagnetic voting equipment, including a hardware test, a public logic and accuracy test conducted in accordance with subsection (2) of this section, and a postelection test or audit conducted in accordance with rules promulgated by the secretary of state. Each type of ballot, including mail, provisional, and audio ballots, shall be tested in accordance with rules promulgated by the secretary of state. The tests must ensure that the equipment will correctly count the votes cast for all offices and on all ballot questions and ballot issues and that the voting system will accurately count ballots of all types. (c) (I) For all partisan elections, the designated election official shall select a testing board comprising at least two persons, one from each major political party, from the list provided by the major political parties pursuant to section 1-6-102. (II) For all nonpartisan elections, the designated election official or coordinated election official, as applicable, shall select a testing board comprising at least two persons who are registered electors. (III) Repealed. (2) (a) A public test of voting equipment shall be conducted prior to the commencement of voting in accordance with this section by processing a preaudited group of ballots produced so as to record a predetermined number of valid votes for each candidate and on each ballot question or ballot issue. The test shall ensure that the system accurately records votes when the elector has the option of voting for more than one candidate in a race. The test shall ensure that the voting system properly rejects and does not count overvotes and undervotes. If the equipment is to be used in an election using instant runoff voting, the test shall ensure that the voting system accurately records, counts, and tabulates an elector's rankings of multiple candidates in accordance with section 1-7-1003 and rules promulgated by the secretary of state. (b) The public test shall be open to representatives of the political parties, the press, and the public, subject to the rules promulgated by the secretary of state pursuant to subsection (6) of this section. Each major political party, minor political party, ballot issue committee that has an issue on the ballot, and coordinating entity may designate one person, who shall be allowed to witness all public tests and the counting of pretest votes. If an observer or designee hinders or disturbs the test process, the designated election official may remove the person from the test area. An observer or designee who has been removed from a public test may be barred from future tests. The absence of observers or designees shall not delay or stop the public test. (c) The testing board shall convene and designate at least one member to represent the board during the testing, sign the necessary reports, and report to the board. The programs and ballots used for testing shall be attested to and sealed by the board and retained in the custody of the designated election official. The absence of a member of the testing board shall not delay or stop the test. t. (c) The testing board shall convene and designate at least one member to represent the board during the testing, sign the necessary reports, and report to the board. The programs and ballots used for testing shall be attested to and sealed by the board and retained in the custody of the designated election official. The absence of a member of the testing board shall not delay or stop the test. (d) Upon completion of the testing conducted pursuant to this section, the testing board or its representative and the representatives of the political parties, ballot issue committees, and coordinating entities who attended the test may witness the resetting of each device that passed the test to a preelection state of readiness and the sealing of each such device in order to secure its state of readiness. (e) The testing board or its representative shall sign a written statement indicating the devices tested, the results of the testing, the protective counter numbers of each device, if applicable, the number of the seal attached to each device upon completion of the testing, any problems reported to the designated election official as a result of the testing, and whether each device tested is satisfactory or unsatisfactory. (3) Notice of the fact that the public test will take place shall be posted in the designated public place for posting notices in the county for at least seven days before the public test. The notice shall indicate the general time frame during which the test may take place and the manner in which members of the public may obtain specific information about the time and place of the test. Nothing in this subsection (3) shall preclude the use of additional methods of providing information about the public test to members of the public. (4) (a) If any tested device is found to have an error in tabulation, it shall be deemed unsatisfactory. For each device deemed unsatisfactory, the testing board shall attempt to determine the cause of the error, attempt to identify and test other devices that could reasonably be expected to have the same error, and test a number of additional devices sufficient to determine that all other devices are satisfactory. The cause of any error detected shall be corrected, and an errorless count shall be made before the voting equipment is approved. The test shall be repeated and errorless results achieved before official ballots are counted. (b) If an error is detected in the operation or output of an electronic voting device, including an error in spelling or in the order of candidates on a ballot, the problem shall be reported to the testing board and the designated election official. The designated election official shall correct the error. (c) A voting device deemed unsatisfactory shall be recoded, repaired, or replaced and shall be made available for retesting unless a sufficient number of tested backup devices is available to replace the unsatisfactory device. The backup device may not be used in the election unless the testing board or its representative determines that the device is satisfactory. The designated election official shall announce at the conclusion of the first testing the date, place, and time that an unsatisfactory device will be retested, or, at the option of the testing board, the designated election official shall notify by telephone each person who was present at the first testing of the date, place, and time of the retesting. determines that the device is satisfactory. The designated election official shall announce at the conclusion of the first testing the date, place, and time that an unsatisfactory device will be retested, or, at the option of the testing board, the designated election official shall notify by telephone each person who was present at the first testing of the date, place, and time of the retesting. (5) The designated election official shall keep records of all previous testing of electronic and electromechanical tabulation devices used in any election. Such records shall be available for inspection and reference during public testing by any person in attendance. The need of the testing board for access to such records during the testing shall take precedence over the need of other attendees for access so that the work of the testing board will not be hindered. Records of testing shall include, for each device, the name of the person who tested the device and the date, place, time, and results of each test. Records of testing shall be retained as part of the official records of the election in which the device is used. (6) The secretary of state shall promulgate rules in accordance with article 4 of title 24 prescribing the manner of performing the logic and accuracy testing required by this section. On or before April 1, 2023, the rules promulgated in accordance with this subsection (6) must include standards and procedures for conducting logic and accuracy testing on voting equipment to be used in an election using instant runoff voting.

C.R.S. § 1-7-510 Election software code - escrow - definition

1-7-510. Election software code - escrow - definition. (1) As used in this section, unless the context otherwise requires, "election setup records" means the electronic records generated by election tabulation software during election setup to define ballots, tabulation instructions, and other functions related to the election. (2) At the conclusion of programming and after it has been determined that a voting system is in proper working order and ready for voting, the designated election official shall deposit a copy of the election setup records for a county, statewide, or congressional vacancy election with the secretary of state no later than 5:00 p.m. on the seventh day before the election. (3) If the election setup records are modified or altered after they are submitted to the secretary of state, the designated election official shall immediately report the change to the secretary of state and deposit the modified election setup records with the secretary of state no later than noon on the day of the election. (4) The secretary of state shall retain election setup records as an election record. The designated election official shall retain the election setup records for the period of time for which the designated election official is required to retain official election records. (5) Election setup records deposited with the secretary of state shall not be used for any purpose, except as directed by the secretary of state or ordered by a court. The tape, diskette, cartridge, or other magnetic or electronic storage medium containing election setup records deposited with the secretary of state shall be kept in a secure location when not being used for an official purpose in accordance with this subsection (5). (6) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement this section. (7) Notwithstanding any other provision of law, election setup records deposited with the secretary of state pursuant to this section shall not be public records for purposes of article 72 of title 24, C.R.S.

C.R.S. § 1-7-511 Election software - voting equipment providers - escrow - definition

1-7-511. Election software - voting equipment providers - escrow - definition. (1) When a voting system provider submits an electronic or electromechanical voting system for certification pursuant to part 6 of article 5 of this title, the voting system provider shall place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state one copy of the election software being certified and supporting documentation. The voting system provider shall place in escrow any subsequent changes to the escrowed election software or supporting documentation. (2) An officer of the voting system provider with legal authority to bind the voting system provider shall sign a sworn affidavit that the election software in escrow is the same as the election software being used in its voting systems in this state. The officer shall ensure that the statement is true on a continuing basis. (3) As an additional requirement for certification, the voting system provider shall deposit one copy of the election software with the national software reference library at the national institute of standards and technology. (4) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner and procedures that voting system providers shall follow to comply with this section. (5) As used in this section, unless the context otherwise requires, "election software" means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting. (6) Notwithstanding any other provision of law, election software and supporting documentation placed in escrow in accordance with this section shall not be public records for purposes of article 72 of title 24, C.R.S.

C.R.S. § 1-7-512 Voting system providers - duties - definition

1-7-512. Voting system providers - duties - definition. (1) A voting system provider under contract to provide a voting system to a political subdivision in this state shall: (a) Coordinate with the secretary of state to support the installation of any hardware, firmware, or software or of any change in the election software in any component of the voting system; (b) Place in escrow with the secretary of state or an independent escrow agent approved by the secretary of state one copy of the state certified election software along with supporting documentation; (c) Place in escrow with the secretary of state or independent escrow agent any subsequent changes to the escrowed election software or supporting documentation; (d) Provide to the secretary of state a sworn statement by an officer of the voting system provider with legal authority to bind the voting system provider attesting that the election software in escrow is the same as the election software certified for use in its voting systems in this state, and ensure that the statement is true on a continuing basis; (e) Notify the secretary of state and the designated election official of any political subdivision using its voting system of any defect in the same system known to occur anywhere; and (f) Notify the secretary of state and the designated election official of any political subdivision using its voting system of any change in the election software or the voting system. (2) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., establishing procedures for voting system providers to comply with this section. (3) As used in this section, unless the context otherwise requires, "election software" means the software to be installed or residing on election equipment firmware or on election management computers that controls election setup, vote recording, vote tabulation, and reporting.

C.R.S. § 1-7-513 Voting equipment - records

1-7-513. Voting equipment - records. (1) The designated election official shall maintain separate, detailed records for each component of a voting system used in an election. Such records shall include, but not be limited to, the manufacturer, make, model, serial number, hardware, firmware, software version or release number, date of acquisition, description of services, repairs, maintenance, upkeep, and version upgrades, and date of performance of such services. (2) The secretary of state shall promulgate rules in accordance with article 4 of title 24, C.R.S., prescribing the manner of maintenance of records required by this section.

C.R.S. § 1-7-513.5 Voting equipment - security

1-7-513.5. Voting equipment - security. (1) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system in a location where entry is controlled by use of a key card access system. The designated election official shall ensure that the log created by the system is maintained as an election record for twenty-five months following the date of any entry. (2) Except as otherwise provided in subsection (5) of this section, no later than June 30, 2023, the designated election official shall keep all components of a voting system under video security surveillance recording. The designated election official shall ensure that video captured beginning sixty days before through thirty days after an election in which the voting system is used is maintained as an election record for twenty-five months following the election. The designated election official shall ensure that video captured outside this period is maintained for twenty-five months following the date the video was captured. (3) The designated election official is not required to follow the requirements of subsections (1) and (2) of this section when voting system components are deployed for use or stored at a voting service and polling center. (4) A county clerk may apply to the secretary of state for a waiver of the requirements of subsection (1) of this section based on historical building status or similar physical limitations. If the secretary finds the clerk has provided an alternative equivalent physical security system for components of a voting system, the secretary of state may grant the waiver. (5) If the designated election official is unable to satisfy the requirements of subsections (1) and (2) of this section by June 30, 2023, due to delays in the delivery of necessary equipment that are out of the control of the designated election official, the designated election official shall notify and provide proof of the delay to the secretary of state, and the designated election official is required to satisfy the requirements of subsections (1) and (2) of this section as soon as practicable. (6) The secretary of state may promulgate rules necessary for the implementation of this section in accordance with article 4 of title 24. (7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate: (I) One million dollars from the general fund to the department of state to administer a grant program, which is hereby created and consists of such general fund appropriation, to provide assistance to counties in complying with the security requirements of the "Colorado Election Security Act"; and (II) One hundred seventeen thousand dollars from the department of state cash fund to the department of state to assist the state and counties with assessing potential risks to the proper administration of elections. (b) For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly shall make appropriations from the department of state cash fund to the department of state for the purpose of assisting the state and counties with assessing potential risks to the proper administration of elections.

C.R.S. § 1-7-514 Random audit

1-7-514. Random audit. (1) (a) (I) Except as otherwise provided in subsection (6) of this section, following each primary, general, coordinated, or congressional district vacancy election, the secretary of state shall publicly initiate a manual random audit to be conducted by each county. Unless the secretary approves an alternative method for a particular county that is based on a proven statistical sampling plan and will achieve a higher level of statistical confidence, the secretary shall randomly select not less than five percent of the voting devices used in each county to be audited; except that, where a central count voting device is in use in the county, the rules promulgated by the secretary pursuant to subsection (5) of this section shall require an audit of a specified percentage of ballots counted within the county. (II) For an election taking place in a county prior to the date the county has satisfied the requirements of section 1-5-802, the audit shall be for the purpose of comparing the manual tallies of the ballots counted by each voting device selected for each such audit with the corresponding tallies recorded directly by each such device. (III) For an election taking place in a county on or after the date the county has satisfied the requirements of section 1-5-802, the audit shall be conducted for the purpose of comparing the manual tallies of the voter-verified paper records produced or employed by each voting device selected for such audit with the corresponding ballot tallies recorded directly by each such device in the original election tally. (b) To the extent practicable, no voting device that is used for the random audit required by paragraph (a) of this subsection (1) shall be used for conducting the testing of voting devices for recount purposes required by section 1-10.5-102 (3)(a). (2) (a) Upon completion of the audit required by subsection (1) of this section, if there is any discrepancy between the manual tallies, as specified in accordance with the requirements of subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section, as applicable, of the voting device selected for the audit, and the corresponding tallies recorded by such devices, and the discrepancy is not able to be accounted for by voter error, the county clerk and recorder, in consultation with the canvass board of the county established pursuant to section 1-10-101, shall investigate the discrepancy and shall take such remedial action as necessary in accordance with its powers under this title. (b) Upon receiving any written complaint from a registered elector from within the county containing credible evidence concerning a problem with a voting device, the canvass board along with the county clerk and recorder shall investigate the complaint and take such remedial action as necessary in accordance with its powers under this title. cessary in accordance with its powers under this title. (b) Upon receiving any written complaint from a registered elector from within the county containing credible evidence concerning a problem with a voting device, the canvass board along with the county clerk and recorder shall investigate the complaint and take such remedial action as necessary in accordance with its powers under this title. (c) The canvass board and the county clerk and recorder shall promptly report to the secretary of state a description of the audit process undertaken, including any initial, interim, and final results of any completed audit or investigation conducted pursuant to paragraph (a) or (b) of this subsection (2). (3) The secretary of state shall post the reports of any completed audit or investigation received pursuant to paragraph (c) of subsection (2) of this section on the official website of the department of state not later than five business days after receiving the results of the completed audit or investigation. The clerk and recorder of the affected county may timely post the results of the completed audit or investigation on the official website of the county. (4) Any audit conducted in accordance with the requirements of this section shall be observed by at least two members of the canvass board of the county. (5) The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, C.R.S., as may be necessary to administer and enforce any requirement of this section, including any rules necessary to provide guidance to the counties in conducting any audit required by this section. The rules shall account for: (a) The number of ballots cast in the county; (b) An audit of each type of voting device utilized by the county; (c) The confidentiality of the ballots cast by the electors; and (d) An audit of the voting on each office, ballot issue, and ballot question in the election. (6) This section applies only if the secretary of state determines that a risk-limiting audit, as described in section 1-7-515, cannot be performed.

C.R.S. § 1-7-515 Risk-limiting audits - rules - legislative declaration - definitions

1-7-515. Risk-limiting audits - rules - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that the auditing of election results is necessary to ensure effective election administration and public confidence in the election process. Further, risk-limiting audits provide a more effective manner of conducting audits than traditional audit methods in that risk-limiting audit methods typically require only limited resources for election races with wide margins of victory while investing greater resources in close races. (b) By enacting this section, the general assembly intends that the state move toward an audit process that is developed with the assistance of statistical experts and that relies upon risk-limiting audits making use of best practices for conducting such audits. (2) (a) Following each primary, general, coordinated, recall, or congressional vacancy election, each county shall make use of a risk-limiting audit in accordance with the requirements of this section. Races to be audited must be selected in accordance with procedures established by the secretary of state, and all contested races are eligible for such selection. (b) (Deleted by amendment, L. 2021.) (3) Repealed. (4) (a) The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to implement and administer the requirements of this section. In connection with the promulgation of the rules, the secretary shall consult recognized statistical experts, equipment vendors, and county clerk and recorders, and shall consider best practices for conducting risk-limiting audits. (b) (I) On or before January 1, 2026, the secretary of state shall promulgate rules in accordance with article 4 of title 24 as necessary to conduct risk limiting audits in an election using instant runoff voting. In connection with the promulgation of the rules, the secretary shall consult recognized statistical experts, equipment vendors, and county clerk and recorders, and shall consider best practices for conducting risk-limiting audits. The secretary of state may consult with additional auditing experts. (II) A county shall audit an election using instant runoff voting conducted as part of a coordinated election before January 1, 2026, in accordance with rules adopted by the secretary of state related to ranked choice or instant runoff voting, or, if no such rules are adopted, in accordance with procedures adopted by the county clerk and recorder. (5) As used in this section: (a) "Incorrect outcome" means an outcome that is inconsistent with the election outcome that would be obtained by conducting a full recount. (b) "Risk-limiting audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome.

C.R.S. § 1-7-601 Judges' certificate and statement

1-7-601. Judges' certificate and statement. (1) As soon as all the votes have been read and counted, either at the precincts or at the electronic balloting counting centers, the election judges shall make a certificate for each precinct, stating the name of each candidate, the office for which that candidate received votes, and stating the number of votes each candidate received. The number shall be expressed in numerical figures. The entry shall be made, as nearly as circumstances will permit, in the following form: At an election held ...................., in precinct ......, in the county of .................... and state of Colorado, on the .................... day of .................... in the year ......, the following named candidates received the number of votes annexed to their respective names for the following described offices: Total number of ballots or votes cast was ..... A.B. and E.F. had 72 votes for governor and lieutenant governor; C.D. and G.H. had 69 votes for governor and lieutenant governor; J.K. had 68 votes for representative in congress; L.M. had 70 votes for representative in congress; N.O. had 72 votes for state representative; P.Q. had 71 votes for state representative; R.S. had 84 votes for sheriff; T.W. had 60 votes for sheriff; (and the same manner for any other persons voted for). Certified by us: A.B. ) C.D. ) E.F. ) Election Judges (1.5) In addition to the information required by subsection (1) of this section, the certificate prepared by the election judges for each precinct shall state the ballot title and submission clause of any ballot issue or ballot question voted upon in the election and the number of votes counted for and against the ballot issue or ballot question. (2) In addition, the election judges shall make a written statement showing the number of ballots voted, making a separate statement of the number of unofficial and substitute ballots voted, the number of ballots delivered to electors, the number of spoiled ballots, the number of ballots not delivered to electors, and the number of ballots returned, identifying and specifying the same. All unused ballots, spoiled ballots, and stubs of ballots voted shall be returned with the statement. (3) Any judges' certificates and statements may be combined into one document if so directed by the designated election official.

C.R.S. § 1-7-603 Alternative preparation of election returns - procedures

1-7-603. Alternative preparation of election returns - procedures. If any designated election official wishes to count the votes cast at a location or by a method other than authorized by this code, the designated election official may present a plan, for approval by the secretary of state, that delineates the process for assuring accuracy and confidentiality of counting. The plan shall be submitted to the secretary of state and approved no later than forty-five days before the election at which the plan is to be implemented.

C.R.S. § 1-7-701 Delivery of election returns, ballot boxes, and other election papers

1-7-701. Delivery of election returns, ballot boxes, and other election papers. When all the votes have been read and counted, the election judges selected in accordance with section 1-6-109.5 shall deliver to the designated election official the certificate and statement required by section 1-7-601, ballot boxes and all keys to the boxes, paper tapes, "proms" or other electronic devices, the registration records, pollbooks, accounting forms, spoiled ballots, unused ballots, ballot stubs, oaths, affidavits, and other election papers and supplies. The delivery must be made at once and with all convenient speed, and informality in the delivery does 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.

C.R.S. § 1-7-801 Ballots preserved

1-7-801. Ballots preserved. The designated election official shall remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to section 1-7-802.

C.R.S. § 1-7-802 Preservation of election records

1-7-802. Preservation of election records. The designated election official shall be responsible for the preservation of any election records for a period of at least twenty-five months after the election or until time has expired for which the record would be needed in any contest proceedings, whichever is later. Unused ballots may be destroyed after the time for a challenge to the election has passed. If a federal candidate was on the ballot, the voted ballots and any other required election materials shall be kept for at least twenty-five months after the election.

C.R.S. § 1-7-901 Receipt of comments concerning ballot issues

1-7-901. Receipt of comments concerning ballot issues. (1) Each political subdivision shall accept written comments concerning ballot issues in accordance with this section. (2) All comments filed in writing will be received and kept on file with the designated election official for the political subdivision submitting to its eligible electors the ballot issue to which the comments pertain. However, only those comments that are filed by persons eligible to vote in the political subdivision submitting the ballot issue to its electors must be summarized in the ballot issue notice. The filed comments shall be retained by the designated election official as election records. (3) To be summarized in the ballot issue notice, the comments shall address a specific ballot issue and shall include a signature and an address where the signor is registered to vote and shall be filed with the designated election official for the political subdivision and not the county clerk and recorder of the county in which the political subdivision is located unless the issue is a county issue for which the county clerk and recorder is the designated election official. (4) Since section 20 (3)(b)(v) of article X of the state constitution requires that comments pertaining to a ballot issue be filed by forty-five days before the election and since such day is always a Saturday, all comments shall be filed by noon on the Friday before the forty-fifth day before the election.

C.R.S. § 1-7-902 Preparation of fiscal information

1-7-902. Preparation of fiscal information. A governing body submitting a referred measure, or its designee, shall be responsible for providing to its designated election official the fiscal information that must be included in the ballot issue notice. For political subdivisions, the governing body shall be the board that authorized submission of the ballot issue to the electorate.

C.R.S. § 1-7-903 Preparation of written comments

1-7-903. Preparation of written comments. (1) For referred measures, the designated election official shall summarize the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice. (2) For initiated measures, the petition representatives shall be solely responsible for summarizing all comments filed in favor of the ballot issue. The designated election official shall summarize all comments filed in opposition to the ballot issue. (3) Petition representatives required to summarize favorable comments in favor of their petition shall submit the summary in typewritten form to the designated election official for the jurisdiction in which the petition is presented no later than forty-four days before the election. If a summary is not filed by the petition representatives within the time allowed, the designated election official shall print the following in the ballot issue notice where the summary would appear: "No summary was filed by the statutory deadline." (3.5) For political subdivisions of the state, including but not limited to special districts, that have no designated election official, the governing body of a political subdivision shall be solely responsible for preparing the summary of the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice required by section 20 (3)(b)(v) of article X of the state constitution. (4) If no comments are filed in opposition to or in support of a ballot issue, the designated election official shall not prepare any summaries and shall state substantially the following in the ballot issue notice where the summary or summaries would appear: "No comments were filed by the constitutional deadline." (5) The provisions of this section shall not apply to a statewide ballot issue that is subject to the provisions of section 1 (7.5) of article V of the state constitution.

C.R.S. § 1-7-904 Transmittal of notices

1-7-904. Transmittal of notices. Notwithstanding the provision for independent mail ballot elections in section 1-7-116 (1), the designated election official or the official's designee for a political subdivision conducting an election in November shall prepare and deliver to the county clerk and recorder for the county or counties in which the political subdivision is located no later than forty-three days before the election the full text of any required ballot issue notices.

C.R.S. § 1-7-905 Preparation of notices

1-7-905. Preparation of notices. (1) For coordinated elections, the county clerk and recorder is responsible for placing the ballot issue notices received from the various political subdivisions participating in the election in the proper order in the ballot issue notice packet. As nearly as practicable, the notice must be in the order the ballot issues will appear on the ballot. The ballot issue notice must be followed by a certification by the county clerk and recorder that the ballot issue notices are complete as submitted by the political subdivisions. No additional information may be included as part of the ballot issue notice except as may be required by law. A general disclaimer may precede or follow the ballot issue notice which states: "The information contained in this notice was prepared by persons required by law to provide summaries of ballot issues and fiscal information." (2) The designated election officials of overlapping political subdivisions conducting an election other than a coordinated election shall confer concerning the preparation of the ballot issue notice no later than forty days prior to the date of the election. The political subdivisions conducting the election shall provide for preparation of any required ballot issue notice package by agreement in a form substantially as provided in section 1-7-116.

C.R.S. § 1-7-905.5 Form of notice

1-7-905.5. Form of notice. (1) The ballot issue notice must begin with the words "All registered voters", regardless of whether the electors of the political subdivision must be registered electors to be eligible to vote in the election, and ends at the conclusion of the summary of comments. Any information concerning procedure for an election or other information included with the ballot issue notice prior to the words "All registered voters", or after the conclusion of the summary of comments, are not deemed to be part of the ballot issue notice. (2) Repealed.

C.R.S. § 1-7-906 Mailing of notices

1-7-906. Mailing of notices. (1) For coordinated elections, the county clerk and recorder as coordinated election official shall mail the ballot issue notice packet to each address of one or more active registered electors who reside in the county or portions of the county in which registered voters of those districts submitting ballot issues reside. (2) The designated election official for the various political subdivisions shall be responsible for mailing the required notice to each address of one or more active registered electors who do not reside within the county or counties where the political subdivision is located. (3) The political subdivisions shall by agreement, in a form substantially as provided in sections 1-7-116 and 1-7-905, provide for mailing of any required ballot issue notice package for elections conducted other than coordinated elections.

C.R.S. § 1-7-907 Ballot issue notice

1-7-907. Ballot issue notice. The ballot issue notice shall be prepared and mailed in substantial compliance with section 20 of article X of the state constitution, the provisions of this title, and the rules and regulations of the secretary of state.

C.R.S. § 1-7-908 Additional notice - election to create financial obligation

1-7-908. Additional notice - election to create financial obligation. (1) (a) A district submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the district shall post notice of the following information on the district's website or, if the district does not maintain a website, at the district's chief administrative office no later than twenty days before the election: (I) The district's ending general fund balance for the last four fiscal years and the projected ending general fund balance for the current fiscal year; (II) A statement of the total revenues in and expenditures from the district's general fund for the last four fiscal years and the projected total revenues in and expenditures from the general fund for the current fiscal year; (III) The amount of any debt or other financial obligation incurred by the district for each of the last four fiscal years for cash flow purposes that has a term of not more than one year and the amount of any such financial obligation projected for the current fiscal year; (IV) A statement as to whether the district's emergency reserve required by section 20 (5) of article X of the state constitution has been fully funded by cash or investments for the current fiscal year and each of the last four fiscal years and an identification of the funds or accounts in which the reserve is currently held. If the reserve has not been fully funded, the notice shall include a statement of the reasons the reserve has not been fully funded. (V) The location or locations at which any person may review the district's audited financial statements for the last four fiscal years, any management letters that have been made public and have been provided to the district by its auditors in connection with the preparation of its audits for the last four fiscal years, and the district's budget for the current fiscal year. (b) If the debt or other financial obligation for which the district is seeking voter approval is to be paid from a revenue source that is accounted for in a fund other than the district's general fund, the information required by subparagraphs (I) and (II) of paragraph (a) of this subsection (1) shall also be made available for such other fund. (c) The information required by subparagraphs (I), (II), (III), and (IV) of paragraph (a) of this subsection (1) shall be based upon audited figures. If no audited figures are available, the information shall be based upon estimated figures. (2) The notice required by this section shall be in addition to and shall not substitute, replace, or be combined with any other notice required by law. (3) For purposes of this section, "district" shall have the same meaning as set forth in section 20 (2)(b) of article X of the state constitution.

C.R.S. § 1-7-1001 Short title

1-7-1001. Short title. This part 10 shall be known and may be cited as the "Voter Choice Act".

C.R.S. § 1-7-1002 Ranked voting methods - report - legislative declaration - definitions

1-7-1002. Ranked voting methods - report - legislative declaration - definitions. (1) [Editor's note: This version of subsection (1) is effective until March 1, 2026.] As used in this part 10, unless the context otherwise requires, "local government" means a statutory city or town or a special district created pursuant to article 1 of title 32, C.R.S. (1) [Editor's note: This version of subsection (1) is effective March 1, 2026.] As used in this part 10, unless the context otherwise requires: (a) "Federal office" means United States senator, representative in congress, or president of the United States. (b) "Local government" means a statutory city or town or a special district created pursuant to article 1 of title 32. (c) "State office" means district attorney, state representative, state senator, regent of the university of Colorado, state treasurer, secretary of state, attorney general, or governor. (2) A local government may conduct an election using a ranked voting method if: (a) The use of the ranked voting method in the local government is not prohibited by the charter of the local government; and (b) The election is conducted with a system of casting, recording, and tabulating votes that is capable of conducting the election using ranked voting and that has been approved by the governing body and the designated election official of the local government. (2.5) [Editor's note: Subsection (2.5) is effective March 1, 2026.] (a) The general assembly finds and declares that for this subsection (2.5), it intends that a general provision with a later effective date prevails over a specific provision with an earlier effective date. (b) Before a primary or general election can use a ranked voting method for federal or state offices, the secretary of state must certify that: (I) Municipalities in at least three counties with more than two hundred fifty thousand active electors, at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least ten thousand but fewer than thirty-seven thousand five hundred active electors, and fewer than ten thousand active electors, have coordinated with the municipality's county clerk to conduct an election with a ranked voting method; (II) At least two counties specified in subsection (2.5)(b)(I) of this section have a population of at least two thousand citizens or at least two and one-half percent of citizens aged eighteen years or older who speak English less than very well, as defined by the United States census bureau "American Community Survey" or comparable census data, and who speak a shared language in their place of residence; (III) At least two counties specified in subsection (2.5)(b)(I) of this section have a population of two thousand non-white active electors or at least two and one-half percent non-white active electors as defined by the United States census bureau "American Community Survey" or comparable census data; and (IV) A risk-limiting audit has been successfully completed for each municipal election in the municipalities specified in subsection (2.5)(b)(I) of this section and has demonstrated that the certified outcomes in each race were correct. least two and one-half percent non-white active electors as defined by the United States census bureau "American Community Survey" or comparable census data; and (IV) A risk-limiting audit has been successfully completed for each municipal election in the municipalities specified in subsection (2.5)(b)(I) of this section and has demonstrated that the certified outcomes in each race were correct. (c) When all of the requirements specified in subsection (2.5)(b) of this section are satisfied, and before a primary or general election can use a ranked voting method for federal or state offices, the secretary of state shall provide a report as part of the secretary's presentation to the legislative committees of reference at the committees' hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" pursuant to part 2 of article 7 of title 2, regarding the impact of ranked choice voting methods as compared to elections conducted through other voting methods. As available, the report must include information regarding spoilage of ballots, undervotes, record of use and results of risk-limiting audits, and the impact on voter turnout in historically under-represented communities, including the disabled community, non-English speaking voters, and non-white voters. (3) The secretary of state shall submit a report to the state, veterans, and military affairs committees, or any successor committees, of the house of representatives and the senate no later than February 15, 2011, that includes, but is not limited to: (a) An assessment of all elections conducted using ranked voting methods by local governments in accordance with this part 10 and by home rule cities or cities and counties in accordance with their charters from August 5, 2008, through the general election of November 2010; (b) Recommendations for changes to statutes, rules, and local voting procedures that would be required to implement ranked voting as a permanent alternative election method for state, federal, and local special and general elections; (c) An inventory of available election equipment necessary for conducting elections using ranked voting methods, including the costs associated with the equipment; and (d) Any recommendations made by the designated election officials of local governments that conducted an election using a ranked voting method.

C.R.S. § 1-7-1003 Conduct of elections using ranked voting methods - instant runoff voting - choice voting or proportional voting - reports

1-7-1003. Conduct of elections using ranked voting methods - instant runoff voting - choice voting or proportional voting - reports. (1) A ranked voting ballot shall allow an elector to rank as many choices as there are candidates. However, if the voting system cannot accommodate a number of rankings equal to the number of candidates, the designated election official may limit the number of choices an elector may rank to the maximum number allowed by the voting system; except that the number of choices shall not be less than three. (2) A ranked voting ballot shall allow an elector to rank up to two write-in candidates. A vote for an unqualified write-in candidate shall not be considered a mark for a candidate. (3) (a) In an election in which one candidate is to be elected to an office, the ranked voting method shall be known as instant runoff voting. The ballots shall be counted in rounds simulating a series of runoffs until two candidates remain or until one candidate has more votes than the combined vote total of all other candidates. The candidate having the greatest number of votes shall be declared the winner. (b) In each round of counting ballots in an election using instant runoff voting, each ballot shall be counted as a vote for the remaining candidate ranked highest by the elector, and the candidate with the smallest number of votes shall be eliminated. (c) If two or more candidates tie for the smallest number of votes, the candidate to eliminate shall be chosen by lot. (4) In an election in which more than one candidate is to be elected to an office in a multiple-seat district or on a governing body that includes multiple at-large seats, a local government may conduct a ranked voting election using the single transferable vote method, in which a winning threshold is calculated based on the number of seats to be filled and the number of votes cast so that no more than the correct number of candidates can win. The ballots shall be counted in rounds, with surplus votes transferred from winning candidates and candidates with the fewest votes eliminated according to the methodology established by the secretary of state by rule, until the number of candidates remaining equals the number of seats to be filled. A local government may also conduct an election pursuant to this subsection (4) using the principles of instant runoff voting specified in subsection (3) of this section to ensure that each elector has equal voting power and that an elector's lower ranking of a candidate does not count against the candidate to whom the elector gave the highest rank. (5) (a) In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot. oting power and that an elector's lower ranking of a candidate does not count against the candidate to whom the elector gave the highest rank. (5) (a) In an election conducted using a ranked voting method, an explanation of ranked voting and instructions for electors in the form approved by the secretary of state by rule shall be posted at each polling location and included with each mail ballot. (b) A local government that conducts an election using a ranked voting method shall conduct a voter education and outreach campaign to familiarize electors with ranked voting in English and in every language in which a ballot is required to be made available pursuant to this code and the federal "Voting Rights Act of 1965", 52 U.S.C. sec. 10101 et seq. (6) In an election using a ranked voting method, the election judges shall not count votes at the polling location but shall deliver all ballots cast in the election to the designated election official, which shall count the votes in accordance with this section and the rules adopted by the secretary of state pursuant to section 1-7-1004 (1). (7) (a) For an election conducted using a ranked voting method, the designated election official shall issue the following reports: (I) A summary report listing the total number of votes for each candidate in each round; (II) A ballot image report listing for each ballot the order in which the elector ranked the candidates; and (III) A comprehensive report listing the results in the summary report by precinct or ballot style, as required or permitted by section 1-7.5-208 (3)(a). (b) The secretary of state may by rule establish additional requirements for the reports issued pursuant to this subsection (7). (c) Preliminary versions of the summary report and ballot image report shall be made available to the public as soon as possible after the commencement of the official canvass of the vote pursuant to subsection (6) of this section.

C.R.S. § 1-7-1004 Secretary of state - rules - guidance to local governments

1-7-1004. Secretary of state - rules - guidance to local governments. (1) The secretary of state shall adopt rules consistent with section 1-7-1003 and in accordance with article 4 of title 24, C.R.S., on the conduct of elections using ranked voting methods. The rules shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an election using a ranked voting method. (2) The secretary of state shall provide guidance and advice to the governing bodies and designated election officials of local governments of the state on the conduct of elections using ranked voting methods.
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