§ C.R.S. § 1-13-804Duty to report lost, stolen, or late ballots - penalty

Any person responsible
for preparing, issuing, transporting, or mailing ballots who has personal knowledge that mail
ballots under that person's care have been either lost or stolen or will, for any reason, not be
timely delivered to electors, shall report the issue to the county clerk and recorder. Any person
who knowingly and willfully fails to report as required by this section upon conviction shall be
punished as provided in section 1-13-111. This section shall not apply to election judges, staff of
the county clerk and recorder, or individual United States postal workers.
Colorado Revised Statutes 2024
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Source: L. 2020: Entire section added, (HB 20-1313), ch. 260, p. 1255, § 4, effective
September 14. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3132, § 48, effective
March 1, 2022.
PART 9
(Reserved)
ARTICLE 13.5
Colorado Local Government Election Code
Law reviews: For article, "The New Colorado Local Government Election Code: The
Greatest Thing Since Sliced Bread", see 43 Colo. Law. 39 (Sept. 2014).
PART 1
DEFINITIONS AND GENERAL PROVISIONS
1-13.5-101. Short title. This article shall be known and may be cited as the "Colorado
Local Government Election Code".
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(2) "Designated election official" means the person designated by the governing body of
a local government or by court order to supervise election duties.
(3) "Electronic voting system" means a system in which an elector votes using a device
by which votes are recorded electronically, including a touchscreen system.
(4) "Eligible elector" means a person who meets the specific requirements for voting at a
specific election conducted under this article or for a specific candidate, ballot question, or ballot
issue.
(5) "Issue committee" has the meaning set forth in section 1-45-103.
(6) "Local government" means any district, business improvement district, special
district created pursuant to title 32, C.R.S., authority, or political subdivision of the state,
authorized by law to conduct an election. "Local government" does not include a county, school
district, regional transportation district, or municipality as defined in section 31-1-101 (6),
C.R.S.
(7) "Pollbook" means the list of eligible electors who are permitted to vote at a polling
place or by mail ballot at an election conducted pursuant to this article.
(8) "Polling place" means a place established for holding elections conducted under this
article.
(9) "Property owners list" means the list of property owner names and addresses
prepared by the county assessor in accordance with section 1-13.5-204 or 1-13.5-1105 (2)(a) and
(2)(b).
(10) "Registration list" means the list of registered electors of each local government, as
prepared by the county clerk and recorder for the county in which the local government is
located or as obtained through state registration records in accordance with section 1-13.5-203.
(11) "Special district" means any public entity, as defined in section 24-10-103, C.R.S.,
that is authorized by law to hold an election; except that the term does not include a county, a
municipality as defined in section 31-1-101, C.R.S., or a school district as defined in section 2230-103, C.R.S.
(12) "Voter" means an eligible elector who voted in the most recent election conducted
pursuant to this article.
(13) "Voting machine" means any device fulfilling the requirements for voting machines
set forth in part 4 of article 7 of this title regarding its use, construction, procurement, and trial.
(14) "Watcher" means a registered elector of the local government whose name is
submitted to the designated election official and certified by the designated election official to
the appropriate election judges pursuant to section 1-13.5-602.
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Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 7, § 6, effective February
18.
1-13.5-105. Acts legal and valid. Acts and elections conducted pursuant to provisions
that refer to registered electors, any elections, and any acts relating to those elections carried out
under law that were conducted prior to July 1, 1992, and that were valid when conducted are
held to be legal and valid in all respects.
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1-13.5-108. Powers of designated election official. (1) Except as otherwise provided in
this article, the designated election official shall render all interpretations and shall make all
initial decisions as to controversies or other matters arising in the operation of this article.
(2) All powers and authority granted to the designated election official by this article
may be exercised by a deputy designated election official in the absence of the designated
election official or in the event the designated election official is unable to perform the duties.
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Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 8, § 6, effective February
18. L. 2018: (1) amended, (HB 18-1039), ch. 29, p. 330, § 2, effective July 1, 2022.
1-13.5-112. Commencement of terms - nonpartisan officers. (1) Unless otherwise
provided by law, the regular term of office of a nonpartisan officer elected at a regular election
commences the earlier of the following:
(a) No later than thirty days after the date that the election results are certified pursuant
to section 1-13.5-1305 and upon the signing of an oath and posting of a bond, where required; or
(b) At the next meeting of the governing body of the local government following the
date of the election.
(2) Unless otherwise provided by law, if the election is canceled in whole or in part
pursuant to section 1-13.5-513, the regular term of office of a nonpartisan officer commences at:
(a) The next meeting of the governing body following the date of the regular election,
but no later than thirty days following the date of the regular election and upon the signing of an
oath and posting of a bond, where required; or
(b) If the nonpartisan officer was elected at an election other than a regular election, the
next meeting of the governing body of the local government following the date of the election.
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(a) An initial list of the registered electors as of the thirtieth day prior to the election,
with a supplemental list to be provided on the twentieth day; or
(b) A complete list of registered electors as of the sixth day prior to the election.
(2) The county clerk and recorder shall certify and make available to the designated
election official a complete copy of the list of the registered electors of the local government that
has territorial boundaries located within the county and is involved in the election. If a
supplemental list is provided pursuant to paragraph (a) of subsection (1) of this section, the
county clerk and recorder shall certify and make available to the designated election official the
supplemental list of eligible electors who became eligible since the earlier list was certified.
These lists substitute for the original registration record.
(3) The registration list that is certified thirty days before the election pursuant to
paragraph (a) of subsection (1) of this section must contain the names and addresses of all
registered electors residing within the local government at the close of business on the fortieth
day preceding the election. The supplemental registration list for each local government that is
certified no later than twenty days before the election must contain the names and addresses of
all eligible electors residing within the local government at the close of business on the twentysecond day prior to the election. If a supplemental list is provided, it must contain the names and
addresses of all eligible electors who became eligible during the period since the initial
registration list was certified through the close of business on the twenty-second day preceding
the election.
(4) Costs for the lists required to be obtained under this section must be assessed by the
county clerk and recorder and paid by the local government holding the election. The fee for
furnishing the lists shall be no less than twenty-five dollars for the entire list or no more than one
cent for each name contained on the registration list, whichever is greater.
(5) The designated election official may cancel an order for the list if the election is
canceled pursuant to section 1-13.5-513 and the county clerk and recorder has not already
prepared the list.
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(2) The designated election official of a local government may order the list described in
subsection (1) of this section of all recorded owners of taxable real and personal property within
the local government as of the thirtieth day before the election, with a supplemental list to be
provided on the twentieth day before the election, or the designated election official may order a
complete list as of the sixth day before the election.
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(a) Apply to memberships on different special district or business improvement district
boards; or
(b) Prohibit a candidate or elected official of any political subdivision from being a
candidate or member of the board of directors of any special district, business improvement
district, or districts in which he or she is an eligible elector, unless otherwise prohibited by law.
(3) The qualification of any candidate may be challenged by an eligible elector of the
local government within five days after the date that the designated election official certifies the
candidate to the ballot. The challenge shall be made by verified petition setting forth the facts
alleged concerning the qualification of the candidate and shall be filed in the district court in the
county in which the local government is located. The hearing on the qualification of the
candidate must be held not less than five nor more than ten days after the date the designated
election official's statement is issued that certifies the candidate to the ballot. The court shall hear
the testimony and other evidence and, within forty-eight hours after the close of the hearing,
determine whether the candidate meets the qualifications for the office for which the candidate
has declared. Part 1 of article 17 of title 13, C.R.S., regarding frivolous, groundless, or vexatious
actions, applies to this section.
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(6) The designated election official shall preserve all nomination petitions filed with him
or her for a period of two years. All such petitions are open to public inspection under proper
regulation by the designated election official with whom they are filed.
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as required under subsection (3) of this section, the designated election official may accept the
self-nomination form if the designated election official is able to locate the signer's record in the
statewide voter registration database and determine that the self-nomination form is otherwise
sufficient.
(d) After review, the designated election official shall provide notification of the
sufficiency or insufficiency of the candidate.
(6) In a business improvement district with an elected board of directors, nominations
for business improvement district directors must be handled substantially as provided in
subsections (1) to (5) of this section.
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decisions upon matters of substance are open to review if prompt application is made, as
provided in section 1-13.5-1501, but the remedy in all cases shall be summary, and the decision
of the district court is final and not subject to review by any other court; except that the supreme
court, in the exercise of its discretion, may review any proceeding in a summary way.
Colorado Revised Statutes 2024
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1-13.5-404. Acceptance form - time to file. With each certificate of appointment
transmitted to the election judges, the designated election official shall enclose a form for
acceptance of the appointment. Each individual appointed as an election judge may file his or
her acceptance form in the office of the designated election official within seven days after the
date that the designated election official mailed the certificate of appointment and the acceptance
form. Unless otherwise determined by the designated election official, failure of any person
appointed as an election judge to file an acceptance within those seven days results in a vacancy,
which shall be filled in the same way the original appointment was made.
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Source: L. 2014: Entire article added, (HB 14-1164), ch. 2, p. 16, § 6, effective February
18.
1-13.5-408. Training of judges. The designated election official shall make available an
instruction class concerning the tasks of an election judge not more than forty-five days prior to
each election. A designated election official shall remove an election judge who fails or refuses
to attend the instruction class.
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provided by the county clerk and recorder as of the date that is one hundred fifty days prior to
the date of the regular local government election;
(b) Including the notice as a prominent part of a newsletter, annual report, billing insert,
billing statement, letter, voter information card or other notice of election, or other informational
mailing sent by the local government to the eligible electors of the local government;
(c) Posting the information on the official website of the local government; or
(d) For a local government with fewer than one thousand eligible electors that is wholly
located within a county the population of which is less than thirty thousand people, posting the
notice in at least three public places within the territorial boundaries of the local government
and, in addition, posting a notice in the office of the clerk and re