TrustVoting Atlas

(Repealed)
Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and
2 of chapter 185, Session Laws of Colorado 2013.
Colorado Revised Statutes 2024
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1-5-102.9. Voter service and polling centers - number required - services provided drop-off locations - definition. (1) (a) For general elections, each county clerk and recorder
shall designate a minimum number of voter service and polling centers, as follows:
(I) For counties with at least two hundred fifty thousand active electors:
(A) During the period from the fifteenth day before the election to the fifth day before
the election, at least one voter service and polling center for each seventy-five thousand active
electors;
(B) During the period from the fourth day before the election to the second day before
the election, at least one voter service and polling center for each twenty thousand active
electors; and
(C) On the day before the election and on election day, at least one voter service and
polling center for each twelve thousand five hundred active electors.
(II) For counties with at least thirty-seven thousand five hundred but fewer than two
hundred fifty thousand active electors:
(A) During the period from the fifteenth day before the election to the fifth day before
the election, at least one voter service and polling center for each seventy-five thousand active
electors; except that there must be at least one voter service and polling center in each such
county;
(B) During the period from the fourth day before the election to the day before the
election, at least one voter service and polling center for each twenty thousand active electors;
and
(C) On election day, at least one voter service and polling center for each twelve
thousand five hundred active electors.
(III) Except as otherwise provided in subsection (1)(a)(V) of this section, for counties
with at least ten thousand but fewer than thirty-seven thousand five hundred active electors:
(A) During the period from the fifteenth day before the election to the day before the
election, at least one voter service and polling center; and
(B) On election day, at least three voter service and polling centers.
(IV) For counties with fewer than ten thousand active electors, during the fifteen-day
period prior to and including the day of the election, at least one voter service and polling center.
(V) The secretary of state shall develop and administer a pilot program for elections
conducted on or after July 1, 2024, but before January 1, 2027, that allows the county clerk and
recorder or designated election official of a county that has at least ten thousand but fewer than
thirty-seven thousand five hundred active electors, that has at least three municipalities, and in
which the second and third largest municipalities that are located entirely within the county both
have less than three percent of the active electors in the county, to request a waiver of the
requirement to designate a minimum of three voter service and polling centers on election day
pursuant to subsection (1)(a)(III) of this section. If the secretary of state allows a waiver pursuant
to this subsection (1)(a)(V), the county that requested the waiver is required to designate a
minimum of two voter service and polling centers on election day. The secretary of state may
allow a waiver pursuant to this subsection (1)(a)(V) to only one county during the pilot program.
(b) (I) For the purposes of subsections (1)(a) and (5) of this section, the number of active
electors in a county is the number of active electors registered in the county on the date of the
previous presidential election or on the date of the last general election, whichever is greater.
(II) Repealed.
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(b.5) (I) For a general election, a county clerk and recorder shall designate a voter
service and polling center on the campus of an institution of higher education, as defined in
section 23-3.1-102 (5), located within the county as follows:
(A) During the period from the fifteenth day before the election to the second day before
the election, one voter service and polling center on each campus that has ten thousand or more
enrolled students; and
(B) On the day before the election and on election day, one voter service and polling
center on each campus that has two thousand or more enrolled students.
(II) In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section, a voter
service and polling center designated in accordance with this subsection (1)(b.5) may count
toward the minimum requirements of subsection (1)(a) of this section. In all other counties, a
voter service and polling center designated in accordance with this subsection (1)(b.5) must be in
addition to the minimum requirements of subsection (1)(a) of this section.
(III) A county clerk and recorder shall confer with a state institution of higher education
about the location for a voter service and polling center designated on a campus.
(IV) A voter service and polling center designated under this subsection (1)(b.5) on a
campus that has twenty thousand or more enrolled students on January 1 of the year of the
election must be located within the student center unless such placement creates an undue
burden for the institution of higher education.
(V) (A) As used in this subsection (1)(b.5), the number of enrolled students at a campus
is the highest number of all full-time, part-time, graduate, and undergraduate students, not
including students solely registered for online courses and concurrent enrollment students,
during the fall semester of the year of the previous general election according to data collected
by the department of higher education. The department of higher education shall provide the data
to the secretary of state on or before December 1 of each general election year. The secretary of
state shall determine from the data which campuses meet the enrollment thresholds for the next
general election.
(B) Repealed.
(VI) As used in this subsection (1)(b.5), "campus" means any collection of buildings and
surrounding grounds owned or used by a state institution of higher education to regularly
provide students with education, housing, or college activities. If one or more state institutions of
higher education share buildings or grounds, or if the campuses of one or more state institutions
of higher education are adjacent or otherwise connected, the shared or connected buildings and
grounds constitute a single campus for the purposes of this subsection (1)(b.5).
(b.7) For a general election, at the request of the tribal council of an Indian tribe located
on a federal reservation whose headquarters are within the county's boundaries, a county clerk
and recorder shall designate a voter service and polling center within the boundaries of the
reservation. The tribal council may request either two or four days of in-person voting at a voter
service and polling center within the boundaries of the reservation. Two days of in-person voting
include the day before election day and election day. Four days of in-person voting include the
day before election day, election day, and the Friday and Saturday prior to election day. A
request under this subsection (1)(b.7) must be made no later than one hundred eighty days before
the date of the election.
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(c) (I) In designating voter service and polling center locations pursuant to this
subsection (1), each county clerk and recorder shall consider the following factors to address the
needs of the county:
(A) Proximity to public transportation lines and availability of parking;
(B) Geographic features, such as mountain passes, that tend to affect access and
convenience;
(C) Equitable distribution across the county so as to afford maximally convenient
options for electors;
(D) The existence and location of population centers;
(E) Access for persons with disabilities;
(F) Use of existing voting locations that typically serve a significant number of electors;
(G) Use of public buildings that are known to electors in the county, especially to the
extent that using such buildings results in cost savings compared to other potential locations;
(H) When private locations are considered or designated as voter service and polling
centers in accordance with section 1-5-105 (3), methods and standards to ensure the security of
voting conducted at such locations;
(I) Proximity to historically under-represented communities;
(J) If a proposed location was used in a previous election, the number of electors that
used the location in the previous election and the recorded wait times at the location, or the
number of electors and recorded wait times at nearby locations; and
(K) The need to place voter service and polling centers in population centers that had
lower voter turnout in previous elections.
(I.5) A county clerk and recorder who requests the use of a public building that receives
funding from government sources to designate as a voter service and polling center or drop box
site shall be given priority over other uses of the building. The appropriate authority for the
building may charge the clerk and recorder a reasonable rental fee not to exceed the usual rental
rate for the building.
(II) In designating voter service and polling centers, a county clerk and recorder shall
solicit public comments. The county clerk and recorder shall post a notice seeking public
comment no later than two hundred fifty days before the election and shall accept comments
through the one hundred ninetieth day before the election.
(III) (A) A county clerk and recorder shall not designate a police station, sheriff's office,
or town marshal's office as a voter service and polling center; except that a county clerk and
recorder may designate as a voter service and polling center a multipurpose building that
includes a police station, sheriff's office, or town marshal's office.
(B) A county clerk and recorder may apply to the secretary of state for a waiver of the
requirements of subsection (1)(c)(III)(A) of this section. If the secretary of state finds that there
is not another equivalent site for a voter service and polling center nearby, the secretary of state
shall grant the waiver.
(d) Each county clerk and recorder shall submit the proposed voter service and polling
center locations to the secretary of state as part of the election plan.
(e) A county clerk and recorder may designate a greater number of voter service and
polling centers than the minimum required by this section.
(f) In addition to other drop box locations in the county, a county clerk and recorder may
establish a drop box at places of worship in the county.
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(2) Voter service and polling centers must be open, at a minimum, for the fifteen-day
period prior to and including the day of the election as follows:
(a) In a county described in subsection (1)(a)(I) or (1)(a)(II) of this section:
(I) During the period from the fifteenth day before the election to the day before the
election, voter service and polling centers must be open continuously at least from 8 a.m. to 5
p.m.; except that voter service and polling centers are not required to be open on Sundays or on
the first Saturday of this period.
(II) On election day, voter service and polling centers must be open continuously from 7
a.m. to 7 p.m.
(b) In all other counties:
(I) During the period from the fifteenth day before the election to the day before the
election, voter service and polling centers must be open during the normal business hours for the
county; except that voter service and polling centers are not required to be open on Sundays or
on the first Saturday of this period, and must be open for at least four hours continuously on the
second Saturday of this period.
(II) On election day, voter service and polling centers must be open continuously from 7
a.m. to 7 p.m.
(3) Each voter service and polling center must provide:
(a) The ability for an eligible elector to register to vote pursuant to section 1-2-217.7;
(b) The ability for an eligible elector to cast a ballot;
(c) The ability for an eligible elector to update his or her address pursuant to section 1-2217.7;
(d) The ability for an eligible elector who has legally changed his or her name to have
his or her name changed pursuant to section 1-2-218;
(e) The ability for an unaffiliated registered elector to affiliate with a political party and
cast a ballot in a primary election;
(f) Secure computer access;
(g) Facilities and equipment that are compliant with the federal "Americans with
Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
(h) Direct record electronic voting machines or other voting systems accessible to
electors with disabilities as provided in part 7 of article 5 of this title;
(i) Voting booths;
(j) Original and replacement ballots for distribution;
(k) Mail ballots to requesting electors, including a sufficient supply of replacement
ballots or the ability to print a sufficient number of ballots on demand to provide to registered
electors in the event there are technical problems accessing the centralized statewide voter
registration system maintained pursuant to section 1-2-301;
(l) The ability to accept mail ballots that are deposited by electors;
(m) The ability of a person to cast a provisional ballot; and
(n) The ability of a person to obtain and return a form pursuant to section 1-7.5-107.3
(2)(a) confirming the person returned a ballot or to provide a copy of identification or a signature
in accordance with section 1-2-502.5 (4)(c), 1-7.5-107 (3.5)(d), or 1-7.5-107.3 (1.5), in order to
cure a ballot the person previously cast.
(3.5) If an elector desires to vote by casting a ballot at a voter service and poll