§ C.R.S. § 1-1-304Qualifications and conduct of election officials

(1) A person shall not serve
as the designated election official for a county or as the coordinated election official if the
person:
(a) Has been convicted of any election offense found in article 13 of title 1 or any similar
election offense in another state; or
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(b) Has been convicted of committing or conspiracy to commit sedition, insurrection,
treason, conspiracy to overthrow government by use of physical force or violence, or any similar
federal offense.
Colorado 2022.
PART 4
ELECTION REFORM COMMISSION
1-1-401 to 1-1-403. (Repealed)
ARTICLE 1.5
Help America Vote Act
States congress and signed into law by president George W. Bush on October 29, 2002.
(b) HAVA resulted from a national consensus that the nation's electoral system needs
improvements to ensure that every eligible voter has the opportunity to vote, that every vote that
should be counted will be counted, and that no legal vote will be canceled by a fraudulent vote.
(c) HAVA clearly defines the rights and privileges of those eligible individuals who seek
to vote, including all overseas and military service voters, and seeks to prevent
disenfranchisement resulting from mistaken determinations of ineligibility to vote, the use of
outdated voting systems that are unreliable or insufficiently accessible for disabled voters, or
unnecessary administrative obstacles.
(d) To achieve these purposes, HAVA authorizes significant amounts of federal financial
assistance to the states to finance the purchase of more reliable voting systems and mandates
changes in the conduct of federal elections in all states for the purposes of ensuring greater
access to the polls by individuals with disabilities, providing more information to individuals
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who wish to vote, improving the training of poll workers, and reducing the possibility of fraud in
the electoral process.
(e) As a condition of the receipt of certain funds from the federal government under
HAVA, section 253 (b)(5) of HAVA requires the states to appropriate funds for carrying out the
activities for which such payments are made in an amount equal to five percent of the total
amount to be spent for such activities.
(f) HAVA empowers the United States department of justice to bring civil actions
seeking such declaratory and injunctive relief as may be necessary to carry out uniform and
nondiscriminatory election technology and administration requirements. Accordingly, failure to
satisfy the requirements of HAVA may subject election laws and procedures of this state to
stringent review and approval by the United States department of justice.
(g) In order that its requirements may be effectively and uniformly implemented, HAVA
mandates a greater role for the state governments and, in particular, the chief election official of
each state, in overseeing and coordinating elections and in enforcing and implementing uniform
standards in elections.
(h) In Colorado, the secretary of state is the chief state election official and, in that
capacity, is charged by HAVA and existing state statutory provisions with responsibility for
supervising the conduct of elections and for enforcing and implementing the provisions of
HAVA and of this code.
(2) Now, therefore, by enacting this article, the general assembly intends to:
(a) Begin the process of implementing the changes in this code that are required by
HAVA;
(b) Ensure the timely fulfillment by the state of all requirements for eligibility under
HAVA to be able to receive appropriated federal funds under HAVA; and
(c) Provide the secretary of state with sufficient authority to ensure that the state of
Colorado is fully compliant with all requirements imposed upon it pursuant to HAVA.
(3) The general assembly further intends that this article be liberally construed to
effectuate its purposes as expressed in this section.
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shall control, and the secretary shall perform the duties and discharge the obligations contained
in the federal act. If such a determination is made, the secretary shall submit a report to the
general assembly explaining the conflict and suggesting language to change this article in the
next legislative session.
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(3) With the exception of a complaint brought under section 1-1.5-105 to remedy an
alleged violation of HAVA, any interested party that has reasonable grounds to believe that an
election is not being conducted in conformity with the requirements of this code may apply to
the district court in the judicial district in which the allegation of noncompliance arises for an
order giving the secretary access to all pertinent election records used in conducting the election
and requesting the secretary to conduct the election.
(4) The secretary shall seek the full amount of funds available to the state under HAVA
for distribution to the counties in accordance with HAVA.
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(k) Authorization for the secretary to conduct a preliminary review of any complaint
submitted to him or her and to dismiss any complaint that he or she finds is not supported by
credible evidence; and
(l) Recovery by the secretary of the costs of the proceeding against any complainant who
files a complaint that, in connection with the final determination by the secretary pursuant to
paragraph (i) of this subsection (2), is found, on the basis of clear and convincing evidence, to be
frivolous, groundless, or vexatious.
(3) Notwithstanding any other provision of law:
(a) No complaint shall be brought pursuant to the procedure created by this section
unless the complaint alleges a violation of Title III of HAVA;
(b) Proceedings for the resolution of a complaint brought pursuant to this section shall
not be considered an adjudication under article 4 of title 24, C.R.S.; and
(c) The procedures created by this section shall constitute the exclusive administrative
remedy for a violation of Title III of HAVA.
(4) Any person aggrieved by a final determination by the secretary acting pursuant to
paragraph (i) of subsection (2) of this section may appeal the secretary's determination to the
district court in and for the city and county of Denver within thirty days of the date of the
determination.
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(3) Subject to available appropriations, the secretary may direct that moneys in the
department of state cash fund created in section 24-21-104 (3)(b), C.R.S., as of July 1, 2003, be
used to satisfy in whole or in part the requirement of section 253 (b)(5) of HAVA that the state
appropriate funds for carrying out the activities for which federal payments are being made in an
amount equal to five percent of the total amount to be spent for such activities. In order to assist
the state in satisfying this requirement of HAVA, the secretary may assess the counties for a
share of the financial requirement assessed against the state under HAVA as specified in this
subsection (3) and may establish by rule a plan to fairly and reasonably allocate the financial
obligation among the counties pursuant to this subsection (3).
(4) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state
receives payments from the federal government in accordance with Title I of HAVA, and subject
to available appropriations, the general assembly shall make an annual appropriation to the
department out of moneys in the department of state cash fund for election-related purposes that
is not less than the level of expenditures for such purposes maintained by the state for the 200102 fiscal year.
(5) For the 2002-03 fiscal year, and for each fiscal year thereafter in which the state
receives payments from the federal government in accordance with Title I of HAVA, and subject
to available appropriations, the secretary shall maintain out of moneys in the department of state
cash fund a level of expenditures in support of the statewide voter registration system created in
section 1-2-301 that is not less than the level of expenditures for such purposes maintained by
the secretary for the 2001-02 fiscal year.
(6) For the county fiscal year that ends prior to November 1, 2003, and for each county
fiscal year thereafter in which the state receives payments from the federal government in
accordance with Title I of HAVA, each county shall maintain not less than the same amount of
expenditures on activities arising under Title III of HAVA that it expended on such activities for
its fiscal year ending prior to November 2002, excluding moneys expended during that period
for capital expenditures on new voting equipment or any other one-time capital expenditure as
determined by the secretary.
(7) The secretary may establish a program pursuant to which the secretary may award
grants or loans to the counties for the purpose of assisting the counties in meeting any of the
requirements imposed upon them pursuant to HAVA or by this article. In connection with the
establishment of any such program created pursuant to this subsection (7), the secretary shall
specify, without limitation, qualification requirements for eligibility to receive a grant or loan,
administration of the grant or loan program, criteria for awarding a grant or loan, any limit on the
total amount of moneys to be awarded in a grant or loan pursuant to the requirements of this
subsection (7), any limit on the amount to be awarded to any one grant or loan recipient, auditing
or reporting requirements for grant or loan recipients, penalty provisions where grant or loan
moneys are expended improperly, and, in the case of loans, repayment terms. Notwithstanding
any other provision of law, each loan awarded pursuant to this subsection (7) shall bear interest
at a specified rate.
(8) In response to the failure by a county to satisfy any of the requirements imposed
upon it pursuant to this section, the secretary may deduct from the reimbursement to which the
county would ordinarily be entitled pursuant to section 1-5-505.5 the amount of moneys owed by
the county pursuant to this section.
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(9) Any county may donate to the state equipment for voter registration purposes in
accordance with part 3 of article 2 of this title, which equipment is determined to be usable by
the secretary. In exchange for such donation, the county shall receive a credit in the amount of
the fair market value of the item donated against the financial obligation assessed against the
county pursuant to subsection (3) of this section.
PART 1
QUALIFICATIONS OF ELECTORS