§ C.R.S. § 1-6-119Removal of election judge by designated election official

(1) (a) If a county
chairperson of a major political party or the county chairperson or other authorized official of a
minor political party believes that an election judge appointed to represent that party is not
faithfully or fairly representing the party or that an election judge has moved from the county,
the county chairperson or authorized official may, subject to the provisions of subsection (1)(b)
of this section, exercise a preemptive removal of the election judge. The county chairperson or
authorized official shall notify the county clerk and recorder and the election judge of the
preemptive removal in writing. Such notice must include documentation regarding the reason for
removal of the election judge and must be filed with the county clerk and recorder within three
days of receiving the election judge list pursuant to rules promulgated by the secretary of state.
(b) If an election judge is preemptively removed pursuant to subsection (1)(a) of this
section, the county clerk and recorder shall allow the election judge two days to appeal the
election judge's removal. If appealed, the county clerk and recorder shall review all
documentation and determine whether the judge may be removed pursuant to subsection (1)(a)
of this section.
(c) The county clerk and recorder shall fill any vacancy created by the preemptive
removal as provided in section 1-6-113.
(2) Prior to election day, the designated election official may remove an election judge
for cause. Cause includes but is not limited to the election judge's failure to file an acceptance
form in accordance with sections 1-6-101 and 1-6-106 and the election judge's failure to attend a
class of instruction as required in section 1-6-101 (5).
(3) On election day, the designated election official may remove an election judge who
has neglected the duties of the office by failing to appear at the polling location by 7:30 a.m., by
leaving the polling location before completing all of the duties assigned, by being unable or
unwilling or by refusing to perform the duties of the office, or by electioneering.
(4) Upon receipt of a written complaint made by an eligible elector of the political
subdivision concerning an election judge, the designated election official shall investigate the
complaint and may remove the election judge and appoint another election judge in accordance
with section 1-6-113.
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
Page 240 of 561
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1-6-120. Removal of election judges by the court. (1) Upon the failure or neglect of
any election judge to perform the duties of the office, any other election judge, the designated
election official, the county chairperson of a political party, or an eligible elector of the political
subdivision for which the election judge is appointed, having knowledge of the failure or
neglect, shall cause proper action for removal to be instituted against the election judge.
(2) Election judges who neglect their duties, who commit, encourage, or connive in any
fraud in connection with their duties, who violate any of the election laws or knowingly permit
others to do so, who are convicted of any crime, who violate their oath, who wrongfully hamper
or interfere or tend to interfere with the regular performance of the duties of the other election
judges, who commit any other act that interferes or tends to interfere with a fair and honest
registration and election, or who are not appointed in accordance with the provisions of this
article may be removed in the following manner:
(a) Any eligible elector may file a brief petition in the district court at any time up to
twelve days before any election, setting out in brief and concise language the facts constituting
the cause for the removal of the election judge. The petition shall be verified, but the verification
may be upon information and belief. Upon filing of the petition, the court shall issue a citation to
the election judge directing an appearance within forty-eight hours to answer the petition if the
election judge desires to do so.
(b) The court shall proceed summarily to hear and finally dispose of the petition and
may set a hearing within forty-eight hours after the answer is filed. Evidence given by any
accused election judge at the hearing shall not be used against that election judge in any civil,
criminal, or other proceedings. If the court decides that the election judge should be removed for
any cause stated in the petition, the court shall so order and shall immediately notify the
appropriate election official.
(3) The validity of any part of the registration or election already completed or other acts
performed under this code, if otherwise legally performed, shall not be affected by the removal
of an election judge and shall be in every respect valid and regular. The successor of any election
judge removed shall proceed with the duties of the election judge with the same power and effect
as though originally appointed.