§ C.R.S. § 1-12-114(untitled)

Mail ballots - plan required - voter service and polling centers - number
required - definition. (1) (a) Notwithstanding section 1-7.5-105, as soon as practicable after the
date that the designated election official certifies the recall question to the ballot under section 112-111, any county clerk and recorder administering a recall election shall submit to the
secretary of state, for approval within three business days after receipt, a proposed election plan
that includes all information required by section 1-7.5-105. If the secretary of state does not
provide written notice of approval or disapproval of the plan within three business days, the plan
is deemed approved.
(b) The secretary of state may disapprove an election plan submitted under subsection
(1)(a) of this section using only the same standards used to evaluate and approve of election
plans transmitted under section 1-7.5-105.
(2) Notwithstanding any provision of this code:
(a) The designated election official conducting the recall election shall designate the
office of the county clerk and recorder or other suitable location to provide a mail ballot or
replacement ballot to a registered elector requesting the ballot at the office of the county clerk
and recorder or other designated location from the twenty-second day prior to the final day of
voting in such election through that final day of voting; and
(b) Not earlier than the twenty-second day or later than the eighteenth day before the
election, the designated election official shall mail ballots to all active registered electors.
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(3) (a) There must be one voter service and polling center for each thirty thousand active
registered electors in the district of the incumbent sought to be recalled; except that any such
district must have at least one voter service and polling center, and each district that spans more
than one county must operate one voter service and polling center within the boundaries of each
county. Each voter service and polling center must be open from the eighth day prior to the final
day of voting in the recall election through the final day. Each voter service and polling center
required by this section must be open for eight hours Monday through Friday, four hours on
Saturday, and need not be open on Sunday. On the final day of voting, each voter service and
polling center required by this section must be open from 7 a.m. to 7 p.m.
(b) When a recall election is combined with a general election in even years pursuant to
article XXI of the state constitution and section 1-12-111, the number and days of operation of
voter service and polling centers and the manner of voting for the recall as part of said general
election are the same as those prescribed under section 1-5-102.9. When a recall election is
combined with a general election in odd years pursuant to article XXI of the state constitution
and section 1-12-111, the number and days of operation of voter service and polling centers and
the manner of voting for the recall as part of said general election are the same as those
prescribed under section 1-7.5-107.
(4) As used in this section, and for purposes of article XXI of the state constitution, "part
of said general election" means the inclusion of the questions of both the recall of an incumbent
and the election of the incumbent's successor on mail ballots that are sent by mail, available at
voter service and polling centers, or otherwise delivered to an elector as permitted by law, from
the date for holding the election through the last day of voting in a general election.
Notwithstanding this definition, to maximize participation of voters covered by the federal
"Uniformed and Overseas Citizens Absentee Voting Act", 52 U.S.C. sec. 20301 et seq., all
candidate races, ballot issues, and ballot questions that a covered voter is eligible to vote on must
be included on the ballots required to be sent pursuant to that act, and recall-related ballot
questions must be sent separately on ballots that adhere to the deadlines set forth in this section.
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 SB 14-158, see section 1 of chapter 170, 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.
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1-12-115. Write-in candidates. No write-in vote for any office shall be counted unless
an affidavit of intent has been filed indicating that the person for whom the write-in vote is made
desires the office and is legally qualified to assume the duties of the office if elected. The
affidavit of intent must be filed with the designated election official no later than twenty-five
calendar days before the date for holding the election.