§ C.R.S. § 1-7-1004Secretary of state - rules - guidance to local governments

(1) The
secretary of state shall adopt rules consistent with section 1-7-1003 and in accordance with
article 4 of title 24, C.R.S., on the conduct of elections using ranked voting methods. The rules
shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an
election using a ranked voting method.
(2) The secretary of state shall provide guidance and advice to the governing bodies and
designated election officials of local governments of the state on the conduct of elections using
ranked voting methods.
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ARTICLE 7.5
Mail Ballot Elections
For amendments to this article prior to 1992, consult the Colorado statutory research explanatory
note and the table itemizing the replacement volumes and supplements to the original volume of
C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers
are shown in editor's notes following those sections that were relocated. For a detailed
comparison of this article, see the comparative tables located in the back of the index.
Law reviews: For article, "Voting Under Colorado's Mail Ballot Election Act", see 21
Colo. Law. 941 (1992).
PART 1
MAIL BALLOT ELECTIONS
1-7.5-101. Short title. This article shall be known and may be cited as the "Mail Ballot
Election Act".
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Cross references: (1) In 2013, this section was amended by the "Voter Access and
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.
1-7.5-103. Definitions. As used in this article 7.5, unless the context otherwise requires:
(1) "Designated election official" means official as defined in section 1-1-104 (8).
(2) "Election" means any election under the "Uniform Election Code of 1992" or the
"Colorado Municipal Election Code of 1965", article 10 of title 31, C.R.S.
(3) "Election day" means the date either established by law or determined by the
governing body of the political subdivision conducting the election, to be the final day on which
all ballots are determined to be due, and the date from which all other dates in this article are set.
(3.5) "Independent mail ballot election" has the meaning set forth in section 1-13.51102.
(4) "Mail ballot election" means an election for which eligible electors receive ballots by
mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations
or voter service and polling centers, or, as applicable, by voting at a voter service and polling
center. The term does not include an independent mail ballot election.
(5) "Mail ballot packet" means the packet of information provided by the designated
election official to eligible electors in the mail ballot election and to persons preregistered to
vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail
ballot election. The packet includes the ballot, instructions for completing the ballot, a return
envelope, and, if applicable, a secrecy envelope or sleeve.
(6) "Political subdivision" means a governing subdivision of the state, including
counties, municipalities, school districts, and special districts.
(7) "Return envelope" means an envelope that is printed with spaces for the name and
address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot
election, that contains a ballot for the elector, and that is designed to allow election officials,
upon examining the signature, name, and address on the outside of the envelope, to determine
whether the enclosed ballot is being submitted by an eligible elector who has not previously
voted in that particular election.
(8) "Secrecy envelope" means the envelope or sleeve used for a mail ballot election that
contains the eligible elector's ballot for the election, and that is designed to conceal and maintain
the confidentiality of the elector's vote until the counting of votes for that particular election.
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Cross references: (1) For the "Uniform Election Code of 1992", see articles 1 to 13 of
this title.
(2) In 2013, subsection (4) was amended by the "Voter Access and Modernized
Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter
185, Session Laws of Colorado 2013.
(3) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session
Laws of Colorado 2014.
1-7.5-104. Mail ballot elections - applicability - optional for political subdivisions
other than a county. For all general, primary, odd-year, coordinated, recall, and congressional
vacancy elections, the county clerk and recorder shall conduct the election by mail ballot under
the supervision of, and subject to rules promulgated in accordance with article 4 of title 24,
C.R.S., by, the secretary of state.
Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and
2 of chapter 185, Session Laws of Colorado 2013.
1-7.5-104.5. Ballots and supplies for mail voting. (1) The county clerk and recorder or
designated election official shall provide mail ballots, affidavits, certificates, envelopes,
instruction cards, and other necessary supplies in the same manner as other election supplies are
provided for in all elections and without cost to any eligible elector wishing to vote pursuant to
this article.
(2) (a) The ballots must be in the same form as other official ballots for the same
election.
(b) The approved form must include, at a minimum:
(I) Instructions to return a copy of identification with the ballot for first-time electors
who are required to provide identification in accordance with section 1-2-501;
(I.5) Instructions on how the elector can provide identification and a signature for
verification for first-time electors who do not have a signature stored in the statewide voter
registration system;
(II) Information regarding the availability of accessible voting systems in elections
coordinated by the county clerk and recorder;
(III) Information regarding how to vote and return the ballot or obtain a replacement;
and
(IV) Instructions to include adequate postage.
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(3) In counties including more than one state senatorial district or more than one state
representative district, or both, mail ballots must be provided in a manner to be determined by
the county clerk and recorder for each combination of state legislative districts. Distinctive
markings or colors may be used to identify political subdivisions when such colors or distinctive
markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist
of one or more pages or cards so long as each page or card is numbered and identified as
provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots
to be cast on voting machines as well as to paper ballots and ballot cards that can be
electronically counted.
(4) (a) On the mail ballot instructions, the following statements must be printed: "All
ballots are counted in the same manner." and "You must sign the affirmation on the envelope.
Do not sign, initial, or print your name on the ballot."
(b) The mail ballot instructions shall contain information on how the elector may verify
that his or her mail ballot has been received by the county clerk and recorder or designated
election official as provided in section 1-7.5-207.
Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter
185, Session Laws of Colorado 2013.
1-7.5-105. Preelection process - rules. (1) (a) The county clerk and recorder or
designated election official responsible for conducting an election that is to be by mail ballot
pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail
ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or,
for any mail ballot election that is coordinated with or conducted by the county clerk and
recorder, no later than one hundred ten days prior to the election. The proposed plan may be
based on the standard plan adopted by the secretary of state by rule.
(b) For each general election, a county clerk and recorder or designated election official
shall solicit public comment on the proposed locations for voter service and polling centers and
drop boxes in an election plan required pursuant to subsection (1)(a) of this section. On or before
the fifty-fifth day before the deadline to submit the plan to the secretary of state, the county clerk
and recorder or designated election official shall post to the county clerk and recorder's website
the proposed locations for voter service and polling centers and drop boxes. The county clerk
and recorder shall accept public comments on the proposed locations through the fortieth day
before the deadline to submit the plan to the secretary of state.
(1.3) The election plan required under subsection (1) of this section must include, at a
minimum:
(a) The address and hours of operation for each voter service and polling center;
(b) The address and hours of operation for each ballot drop-off location, including the
location of each drop box;
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(c) A throughput analysis for each designated voter service and polling center that
addresses:
(I) The number of electors anticipated at the center during its operation;
(II) If the center was used in a previous election, the wait times and number of electors
that used the center in the previous election; and
(III) The number of election judges, check-in stations, printers, and other equipment that
will be in use at the center;
(d) A copy of the mail ballot packet that will be used in the election;
(e) A copy of the signature card that will be used for in-person voting in accordance with
section 1-7-110;
(f) Copies of all forms that will be available or provided to electors to cure deficiencies
or errors during the election with the county-specific information filled in;
(f.5) The information required by section 1-7.5-113.5 (2); and
(g) Such other information as the secretary of state may require.
(1.5) Repealed.
(2) (a) The secretary of state shall approve or disapprove the written plan for conducting
a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving
the plan and shall provide a written notice to the affected political subdivision.
(b) Repealed.
(c) The secretary of state may promulgate rules concerning the submission and approval
of election plans.
(3) The county clerk and recorder or designated election official shall supervise the
distribution, handling, and counting of ballots and the survey of returns in accordance with rules
promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the
necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.
(4) No elector information shall be delivered in the form of a sample ballot.
Colorado 2013.
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(2) For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter
326, Session Laws of Colorado 2019.
1-7.5-106. Secretary of state - duties and powers. (1) In addition to any other duties
prescribed by law, the secretary of state, with advice from election officials of the several
political subdivisions, shall:
(a) Prescribe the form of materials to be used in the conduct of mail ballot elections;
except that all mail ballot packets shall include a ballot, instructions for completing the ballot,
and a return envelope;
(b) Establish procedures for conducting mail ballot elections; except that the procedures
shall be consistent with section 1-7.5-107;
(c) Supervise the conduct of mail ballot elections by the election officials as provided in
section 1-7.5-105 (3).
(2) In addition to other powers prescribed by law, the secretary of state may adopt rules
governing procedures and forms necessary to implement this article and may appoint any county
clerk and recorder as an agent of the secretary to carry out the duties prescribed in this article.
Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter
185, Session Laws of Colorado 2013.
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1-7.5-107. Procedures for conducting mail ballot election - primary elections - firsttime voters casting a mail ballot after having registered by mail to vote - in-person request
for ballot - return envelope requirements - repeal. (1) Official ballots shall be prepared and
all other preelection procedures followed as otherwise provided by law or rules promulgated by
the secretary of state; except that mail ballot packets shall be prepared in accordance with this
article.
(2) Repealed.
(2.3) (Deleted, 2016.)
(2.5) Repealed.
(2.7) Subsequent to the preparation of ballots in accordance with section 1-5-402 but
prior to the mailing required under subsection (3) of this section, and no sooner than forty-five
days nor later than thirty-two days before an election, a designated election official shall provide
a mail ballot to a registered elector requesting the ballot at the designated election official's
office or the office designated in the election plan filed with the secretary of state.
(3) (a) (I) Not sooner than twenty-two days before a general, primary, or other mail
ballot election, and no later than eighteen days before the election, the county clerk and recorder
or designated election official shall mail to each active registered ele