§ C.R.S. § 1-7-116Coordinated 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 113.5-1102, 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 311-101, 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.
Colorado Revised Statutes 2024
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(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.
Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and
2 of chapter 185, Session Laws of Colorado 2013.
(2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session
Laws of Colorado 2014.
(3) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter
326, Session Laws of Colorado 2019.