§ C.R.S. § 1-1-110(untitled)

Powers of county clerk and recorder and deputy - communication to
electors - repeal. (1) The county clerk and recorder, in rendering decisions and interpretations
under this code, shall consult with the secretary of state and follow the rules and orders
promulgated by the secretary of state pursuant to this code.
(1.5) Pursuant to section 24-4-106 (4.7), C.R.S., a county clerk and recorder is
authorized to seek judicial review of final action undertaken by the secretary of state arising
under this code.
(2) All powers and authority granted to the county clerk and recorder by this code may
be exercised by a deputy clerk in the absence of the county clerk and recorder or if the county
clerk and recorder for any reason is unable to perform the required duties.
Colorado Revised Statutes 2024
Page 17 of 561
Uncertified Printout
(3) As the chief election official for the county, the county clerk and recorder shall be
the chief designated election official for all coordinated elections.
(3.5) (a) As the chief election official for the county, and to comply with this code and
the rules and orders promulgated by the secretary of state, the county clerk and recorder shall set
operational hours for the clerk and recorder's office.
(b) This subsection (3.5) is repealed, effective January 31, 2025.
(4) (a) Except as otherwise provided in section 1-2-302.5, any communication by mail
from the county clerk and recorder to any registered elector pursuant to this title must be sent to
the elector's address of record.
(b) and (c) Repealed.
(5) (a) Except as otherwise provided in this subsection (5) and notwithstanding any other
provision of law, an elector may request to receive elections communication, except for ballots,
confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3),
from his or her county clerk and recorder by electronic transmission. With the request, the
elector must submit an electronic-mail address to which the county clerk and recorder may send
communication from the county clerk and recorder. The county clerk and recorder, upon
receiving the request, may send all future elections communication, except for ballots,
confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3),
by electronic transmission to the electronic-mail address provided by the elector; except that:
(I) If an elector subsequently requests to cease the electronic transmission and requests
to receive future elections communication by mail, the county clerk and recorder shall comply
with the request; or
(II) If the county clerk and recorder, after sending such an electronic transmission,
receives an undeliverable message or any other message indicating that the elector's electronicmail address is no longer valid, the county clerk and recorder must send that particular
communication by regular mail and shall not send any future elections communication by
electronic transmission, unless the elector reapplies for electronic communications.
(b) An electronic-mail address provided by an elector shall not be made available to the
public or any individual or organization other than an authorized agent of the local election
official, and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be
used only for official communication with the elector about the voting process, if the elector has
requested such electronic transmission under this subsection (5).
(c) All correspondence sent to an elector pursuant to this subsection (5) shall be
maintained in the elector's registration records stored in the statewide voter registration system
created in section 1-2-301; except that any undeliverable message or any other message
indicating that the elector's electronic-mail address is no longer valid as described in subsection
(5)(a)(II) of this section does not need to be stored in the statewide voter registration system.
(d) The failure of an elector to receive elections communication by electronic
transmission is not grounds to invalidate an election if the county clerk and recorder acted in
good faith in making the electronic transmission.
(e) Nothing in paragraph (a) of this subsection (5) prevents the receipt or return of a
ballot via electronic transfer as set forth in section 1-7.5-115.
Page 18 of 561
Uncertified Printout
(4) added, p. 279, § 2, effective August 4. L. 2003: (1) amended, p. 2065, § 5, effective May 22.
L. 2012: (4)(a) amended and (4)(b) repealed, (HB 12-1292), ch. 181, p. 676, § 2, effective May
17. L. 2013: (4)(a) amended and (4)(c) and (5) added, (HB 13-1303), ch. 185, p. 683, § 4,
effective May 10. L. 2014: (1.5) added, (HB 14-1354), ch. 159, p. 553, § 1, effective May 9. L.
2016: (4)(a) and IP(5)(a) amended and (4)(c) repealed, (HB 16-1093), ch. 126, p. 358, § 2,
effective April 21. L. 2018: (5)(c) amended, (SB 18-233), ch. 262, p. 1603, § 1, effective May
29. L. 2024: (3.5) added, (SB 24-210), ch. 468, p. 3241, § 1, effective June 6.