§ C.R.S. § 1-7-1002Ranked voting methods - report - legislative declaration - definitions

(1)
[Editor's note: This version of subsection (1) is effective until March 1, 2026.] As used in this
part 10, unless the context otherwise requires, "local government" means a statutory city or town
or a special district created pursuant to article 1 of title 32, C.R.S.
(1) [Editor's note: This version of subsection (1) is effective March 1, 2026.] As used
in this part 10, unless the context otherwise requires:
(a) "Federal office" means United States senator, representative in congress, or president
of the United States.
(b) "Local government" means a statutory city or town or a special district created
pursuant to article 1 of title 32.
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(c) "State office" means district attorney, state representative, state senator, regent of the
university of Colorado, state treasurer, secretary of state, attorney general, or governor.
(2) A local government may conduct an election using a ranked voting method if:
(a) The use of the ranked voting method in the local government is not prohibited by the
charter of the local government; and
(b) The election is conducted with a system of casting, recording, and tabulating votes
that is capable of conducting the election using ranked voting and that has been approved by the
governing body and the designated election official of the local government.
(2.5) [Editor's note: Subsection (2.5) is effective March 1, 2026.] (a) The general
assembly finds and declares that for this subsection (2.5), it intends that a general provision with
a later effective date prevails over a specific provision with an earlier effective date.
(b) Before a primary or general election can use a ranked voting method for federal or
state offices, the secretary of state must certify that:
(I) Municipalities in at least three counties with more than two hundred fifty thousand
active electors, at least thirty-seven thousand five hundred but fewer than two hundred fifty
thousand active electors, at least ten thousand but fewer than thirty-seven thousand five hundred
active electors, and fewer than ten thousand active electors, have coordinated with the
municipality's county clerk to conduct an election with a ranked voting method;
(II) At least two counties specified in subsection (2.5)(b)(I) of this section have a
population of at least two thousand citizens or at least two and one-half percent of citizens aged
eighteen years or older who speak English less than very well, as defined by the United States
census bureau "American Community Survey" or comparable census data, and who speak a
shared language in their place of residence;
(III) At least two counties specified in subsection (2.5)(b)(I) of this section have a
population of two thousand non-white active electors or at least two and one-half percent nonwhite active electors as defined by the United States census bureau "American Community
Survey" or comparable census data; and
(IV) A risk-limiting audit has been successfully completed for each municipal election in
the municipalities specified in subsection (2.5)(b)(I) of this section and has demonstrated that the
certified outcomes in each race were correct.
(c) When all of the requirements specified in subsection (2.5)(b) of this section are
satisfied, and before a primary or general election can use a ranked voting method for federal or
state offices, the secretary of state shall provide a report as part of the secretary's presentation to
the legislative committees of reference at the committees' hearings held pursuant to the "State
Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"
pursuant to part 2 of article 7 of title 2, regarding the impact of ranked choice voting methods as
compared to elections conducted through other voting methods. As available, the report must
include information regarding spoilage of ballots, undervotes, record of use and results of risklimiting audits, and the impact on voter turnout in historically under-represented communities,
including the disabled community, non-English speaking voters, and non-white voters.
(3) The secretary of state shall submit a report to the state, veterans, and military affairs
committees, or any successor committees, of the house of representatives and the senate no later
than February 15, 2011, that includes, but is not limited to:
(a) An assessment of all elections conducted using ranked voting methods by local
governments in accordance with this part 10 and by home rule cities or cities and counties in
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accordance with their charters from August 5, 2008, through the general election of November
2010;
(b) Recommendations for changes to statutes, rules, and local voting procedures that
would be required to implement ranked voting as a permanent alternative election method for
state, federal, and local special and general elections;
(c) An inventory of available election equipment necessary for conducting elections
using ranked voting methods, including the costs associated with the equipment; and
(d)
Any recommendations made by the designated election officials of local
governments that conducted an election using a ranked voting method.